These Terms of Use is a binding Agreement (“Agreement/Terms of Use”) between you and Shai Technologies Private Limited (“Apoe”). These Terms of Use describe the rules for using our online and mobile websites, platforms, services and applications in relation to availing the services/products offered by us. The Terms of Use includes, the Website/APP Policies, Privacy Policy of Apoe.

 

These Terms of Use apply to the services/products made available by Apoe on the Website/Apoe App. We reserve the right to store information on a User’s computer in the form of “cookie” or similar file for purposes of modifying the Website/Apoe App to reflect the User’s preference. Apoe shall try and ensure that all information that is provided on the Website/Apoe App with respect to policies / products/Services are accurate in all respects and are kept up to date. However, Apoe does not guarantee the timeliness, accuracy, completeness, reliability or content of the information and any changes that are made with respect to the same and the visitor/Client is required to check the accuracy of the same with the office of Apoe.  

 

BY CLICKING ON THE “I AGREE” BUTTON BELOW AND BY INSTALLING, ACCESSING OR OTHERWISE USING THE APOE APPLICATION (THE “APOEApp”) and/or our Website, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT OR THE TERMS AND CONDITIONS, THEN DO NOT CLICK “I AGREE” OR INSTALL, COPY AND/OR USE THE APPLICATION.

 

As used in this Agreement, “we,” “us,” “our” and “Apoe” means Shai Technologies Private Limited (which shall if the context requires, include its successors and permitted assigns), and “you”, “your” means the Users (which shall if the context requires, include successors and permitted assigns).

 

Definitions 

 

a. “Client/Customer” means the person who accesses our Website and/or Apoe App to avail the services listed by us. 

b. Force Majeure Event” shall mean any and all events arising due to any cause beyond the reasonable control of Apoe.

c. “Website” means [Apoehealth.com];

d. “Website/APP Policies” means all the policies that are made applicable at our discretion from time to time. 

e. “Users” means Client/customer, Payment Gateway providers, and all other persons who access or use the Website and/or Apoe App .

f. “Apoe App” shall mean the mobile application.

g. “Payment Gateway Provider” shall mean the electronic / online payment system made available by banks, institutions, cash card brands and associate companies, as well as third party service providers and/or payment card industry members and/or their service provider/agents for facilitating and validating online transactions in accordance with the Payment Mechanism on the Website/ Apoe App.

h. “Transaction” means every instance of purchase of the products/services by a Client as offered by us on the Apoe App and/or our Website.

This domain name [Apoehealth.com] & Apoe APP is owned by Shai Technologies Private Limited a Company incorporated under the Companies Act, 2013 with its registered office atHouse No. 9-46, New Dilsukhnagar, Hyderabad - 500 060 Telangana State, India.

 

Mere use/ access/ browsing of website/Apoe App by Users shall be deemed to be a binding agreement to all the Terms and Conditions under this Agreement and its Website/Apoe AppPolicies. Such access/ use/ transaction on Apoe App shall hereby obligate the User to the Terms and Conditions set forth in various policies/ guidelines/ Terms and Conditions on the Website and/or on the Apoe App.

 

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use and Website/App Policies, at any time without any prior written notice to you. It is your responsibility to review the terms of this Agreement and policies periodically for updates / changes. As long as you comply with terms of this Agreement, Apoe grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use ApoeApp/website.

 

 

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE/APOE APPINDICATES USER’S AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, you accept and agree to be bound by Website/ Apoe App Policies as amended from time to time.

1. MEMBERSHIP ELIGIBILITY

 

1.1. This is a legally binding agreement and can only be accepted and agreed if you are eligible to enter into a contract as per the Indian Contract Act, 1872. We reserve the right to terminate your membership and / or refuse to provide access to the Website/Apoe App if it is brought to our notice or if it is discovered that you are not eligible to enter into a contract as per applicable laws.

 

2. LICENSE

 

2.1. Subject to the terms and conditions of this Agreement, Apoe hereby grants you a limited, non-commercial, non-sub-licensable, non-exclusive, non-transferable right to install and use the Apoe App on a single portable wireless device that you own or control to run such copy of the application solely for Your own personal use and to use the Website. You may not make the Apoe App available over a network where it could be used on multiple devices at the same time.

 

2.2. The term “App” includes any patches, revisions, updates, upgrades, software, code, files, images and other embedded software or replacements of the App (the “Revisions”) that may be delivered to you or that you may receive or that may be released by Apoe, unless other terms and conditions are provided with the Revisions. If such terms and conditions are provided, you will have to agree to those terms and conditions before you are entitled to receive the Revisions. You also agree that upon the installation of any Revisions, you are only permitted to use the Apoe App as modified by the Revisions. You shall not either directly or indirectly, or through any third party, modify, adapt, translate, redistribute, rent, lend, network, lease, loan, issue, resell, for profit, or create derivate works based on the Apoe App and any portion thereof.

 

2.3. You acknowledge that by installing the Apoe App on your device, the Apoe App may aggregate, collect, retain or transmit to secure servers’ personal information such as, but not limited to, contact information, the serial number and IMEI number of your wireless device or cellular mobile phone. You hereby consent to the Apoe Appcollecting and storing such information on Apoe’s servers and to receive calls from us, from time to time regarding updates of your progress from using the Apoe App and promotional information or offers in connection with the services provided under the Apoe App.

 

2.4. You acknowledge that any software available or provided to you on this Website/ApoeAPP may contain technology that is subject to strict controls by various rules and regulations in India. You hereby agree that you will not transfer or export such software from India (including, for example, providing such software to any foreign person or entity in India) or re-export such software outside India in violation of Indian laws and regulations. Apoe does not authorise the downloading or exportation of any software or technical data from this Website/Apoe App to any jurisdiction prohibited by Indian laws and regulations.

 

 

3. DUE DILIGENCE

 

3.1. The information provided by you may be used by the Apoe for the purpose of Services/products including analysis, research, training and disclosure (where required) to Apoe’s affiliates, group companies, agents and government authorities, etc.

 

3.2. The information provided by you can be retained by Apoe and can be used without revealing your identity.

 

3.3. Apoe reserves the right to refuse service or terminate accounts at our discretion, if we believe that you have violated or are likely to violate applicable law or the conditions in this Agreement.

 

4. USER ACCOUNT AND REGISTRATION OBLIGATIONS

 

4.1. While using the Apoe App/Website, you shall maintain confidentiality and secure your details of your account including display name and password. You will be responsible for all the activities that may occur on your name and registered membership. You will be responsible for providing accurate and correct information pertaining to you and you will be responsible for updating the same upon any modification. You should inform us immediately if you know or have any reason to believe that your password has been/is being used in an unauthorised manner. We reserve the right to cancel or suspend your membership.

 

4.2. You shall promptly download and install all updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.

 

5. COMMUNICATIONS 

5.1. You consent to receive/ communicate data, information, updates from us, through valid modes of communication which includes but not limited to emails, messages etc. We provide you with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us after setting up an account. If you wish to remove your contact information from all our lists and newsletters, please visit [Apoehealth.com]

6. USERS TERMS AND CONDITIONS

6.1. All terms and conditions under this Agreement and Apoe App policies are agreed by you to access and use the Website/ Apoe App. All the Terms of Use and Apoe Apppolicies subject to which you have agreed to use Apoe App and/or the Website will be deemed to be part of contractual terms between you and us.  

 

7. USE OF THE APOE APP AND INFORMATION TECHNOLOGY INFRASTRUCTURE

 

7.1. You agree, undertake and confirm that the use of Apoe App/Website shall be subject to the following terms:

 

(i) You shall not host, display, upload, modify, publish, transmit, update or share any information on the Website/Apoe App that:

 

✓ belongs to another person and to which you do not have any right to;

✓ is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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; 

✓ harms any person in any way;

✓ infringes any patent, trademark, copyright or other proprietary rights;

✓ violate any applicable law for the time being in force;

✓ deceives or misleads the addressee about the origin of such messages or communicates any information which grossly offensive or menacing in nature;

✓ impersonate another person;

✓ send, circulate or perpetrate any information or data which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

✓ threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable of fence or prevents investigation of any offence or is insulting any other nation;

 

(ii) you shall not: 

 

(a) make any representation which is misleading in any way;

(b) engage in commercial activities through Website/Apoe App without the prior consent of Apoe; or 

(c) engage in any action that imposes an unreasonable or disproportionately large load on the IT infrastructure of Apoe or interferes with its functioning.

 

 

8. SPECIAL PRIVILEGES AND RIGHTS OF APOE

 

8.1. We reserve the right, but have no obligation, to monitor the materials posted on the Website/Apoe App. We 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 this Agreement.  

 

8.2. APOE is not liable either directly or indirectly –

 

i. If unauthorized Users or hackers post or transmit offensive or obscene materials on the Website/ Apoe App and are involuntarily exposed to such offensive and obscene materials.

ii. If unauthorized Users or hackers obtain personal information about Users due to their use of the Website/ Apoe App, and that the recipient use of such information to or injure Users. 

iii. If any personal information that Users privately/publicly disclose or share with others on the Website/ Apoe App.

 

9. CONTENTS ON WEBSITE/APOE APP

 

a) All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork available on the Website and/or Apoe App (collectively, "Content"), is either owned by us or by a third party user and we have no control or rights over such third party user content.

b) This Agreement does not grant you any rights to trademarks, copyrights or patents of Apoe or any other third party

c) All the information, feedbacks, reviews and advice by us or other users of the Website/Apoe App is for information purposes only and does not constitute professional advice. We do not represent or endorse the accuracy or reliability of any content posted on any interactive area and you acknowledge that any reliance upon such content shall be at your sole risk. 

d) No part of the content shall be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, or used without authorisation. 

e) You shall use information for downloading, provided that: 

✓ you shall not remove any proprietary notice language in all copies of such documents, 

✓ You shall not copy or reproduce any portion of the App and/or the Website;

✓ You shall not change, alter, modify or create derivative works, enhancements, extensions or add-ons to the App or any part of it;

✓ you use such information only for their personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, 

✓ you make no modifications to any such information, and 

✓ you do not make any additional representations or warranties relating to such documents.

✓ You shall not use any electronic communication feature of the App if any for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful;

✓ You will not collect or store personal information about other users;

✓ You will at all times comply with, and will not circumvent or attempt to circumvent, any of the restrictions on use set forth anywhere in this Agreement.

 

10. THIRD PARTY WEBSITE

 

10.1. The Website/Apoe App may be linked to the website of third parties, affiliates and business partners. However, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website/Apoe App. Your linking to any other off-site websites is at your own risk.

 

10.2. Apoe has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website/ApoeApp. Apoe assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Your equipment or access to Your account, use of, or browsing the Website/Apoe App or the downloading of any material, data, text, images, video content, or audio content from the Website/Apoe App. If You are dissatisfied with the Website/Apoe App, Your sole remedy is to discontinue using the Website/Apoe App.

 

10.3. Apoe shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained at the Website/Apoe App.

 

10.4. Apoe reserves the rights to display sponsored ads on the Website/Apoe App. Without prejudice to the status of other content, Apoe shall not be liable for the accuracy of information or the claims made in the sponsored listings. Apoe does not encourage the Users to visit the sponsored listings page or to avail any services from them. Apoe will not be liable for the services of the providers of the sponsored listings. You represent and warrant that you will use these services in accordance with applicable law. Any contravention of applicable law as a result of your use of these services is your sole responsibility, and Apoe accepts no liability for the same. 

 

11. PRIVACY POLICY

 

By using our Website/Apoe App, you agree to this Agreement and our Privacy Policy

 

12. DISCLAIMER OF WARRANTIES AND LIABILITY

 

THE WEBSITE/APOE APP AND ALL THE MATERIALS, PRODUCTS (INCLUDING BUT NOT LIMITED TO SOFTWARE) AND SERVICES, INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE/ APOE App ARE PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBISTE/APOE APP, AND HYPERLINKED WEBSITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NEITHER APOE NOR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY NOR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

 

APOE IS NOT RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM ANY LOSS) ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE AND/OR ANY HYPERLINKED WEBSITE,INCLUDING THE APOE APP WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE APOE APP, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE WEBSITE.

 

LIMITATION OF LIABILITY: IN ANY CASE, THE ENTIRE LIABILITY OF APOE SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO SUBSCRIBE TO THE SERVICES PROVIDED ON THE APP.

 

13. FORCE MAJEURE

 

We shall not be liable for any failure to perform any obligations under this Terms of Use, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under this Terms of Use shall be suspended for so long as the Force Majeure Event continues.

 

14. SERVICES AND PAYMENT

 

14.1. While availing any of the payment method/s available on the Apoe App, we shall not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

 

a) Lack of authorization for any Transaction/s, or

b) Exceeding the preset limit mutually agreed by you and "Banks", or

c) Any payment issues arising out of the transaction, or

d) Decline of transaction for any other reason/s

e) Action or inaction on the part of Banks or Payment Gateway Providers.

 

14.2. All payments made against the purchases/services on Website/Apoe App by Users shall be compulsorily in Indian Rupees acceptable in the Republic of India. We will not facilitate transaction with respect to any other form of currency with respect to the purchases/availing of services made on its Website/ Apoe App.

 

14.3. We may request for supporting documents, at our discretion, to establish the ownership of the payment instrument used for the purchase. This is done in the interest of providing a safe online shopping.

 

14.4. You agree to us authorizing third party service providers to collect, process, facilitate and remit payments and / or the transaction price electronically to and from the Clients in respect of transactions by employing Online Payment Facility.

you understand and agree that:

 

a) The payment facility provided by us through third party service providers is neither a banking nor financial service but is merely a facilitation by providing an automated online electronic payment, collection and remittance facility for the Transactions on the Website/ Apoe App using the existing authorized banking infrastructure and Credit Card payment gateway networks.

 

b) we are neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price or by providing Payment Facility.

 

15. PAYMENT FACILITY FOR CLIENTS

 

15.1. Clients agree and acknowledge that by initiating a Transaction, they enter into a legally binding and enforceable contract with Us to purchase the products and /or services. You shall pay through the Payment Gateway Provider.

 

15.2. You shall only be entitled to claim a refund as per the “Refund Policy”.  

 

15.3. We reserve the right -

(a) to impose limits on the number of Transactions or Transaction price which we may receive from on an individual through a valid Credit/Debit/ Cash Card / Bank Account/ and such other infrastructure or any other financial instrument; 

 

(b) to refuse to process Transactions exceeding such limit.

 

15.4. we reserve the right to refuse to process Transaction by you with a prior history of questionable charges including without limitation breach of any agreements or Website/App policies by you or breach/violation of any law or any charges imposed by Issuing Bank.

 

15.5. we may do such checks as we deem fit before approving the receipt of your commitment to pay Transaction price/delivery of goods at our discretion and we reserve the right to refuse the transaction if it is not satisfied with your creditability or genuineness of the Transaction / Transaction price, 

 

15.6. If you are engaged in any illegal or suspicious transaction, we reserve the right to inform law enforcement officials, delay notifying the payment confirmation or hold the transaction.

 

15.7. you acknowledge that we will not be liable for any damages, interests or claims etc., resulting from not processing a Transaction/Transaction price or any delay in processing a Transaction/Transaction price.

 

15.8. It is the obligation of the Client to make the payment through a legal proceed. However, if it is found that the payment has been paid through the proceeds of crime related to any of the scheduled offence listed in Prevention of Money Laundering Act, 2002, Apoe has the right to call for documents to establish the sources of funds. If client is found guilty by any competent court of law directly or indirectly governing prevention of money laundering in India, Apoe has right to discontinue services.

 

15.9. Apoe does not guarantee or warranty that there will be uninterrupted access to and/or use of the Payment and delivery Mechanism to the clients. Further, Apoe and the Payment Gateway Provider shall not be liable for any losses, damages that may be incurred by either directly or indirectly in respect of any loss of access and/or use or interruption in the use of the Payment Mechanism due to the maintenance services being performed on the same.

 

15.10. You hereby confirm that you are the owner of debit card/credit card/internet banking account or any other online payment method, through which you are making the payment.

 

15.11. In case of refund, the amount payable will be automatically credited to the same account that you are using to make payments.

 

16. EVIDENCE OF TRANSACTIONS

 

16.1. For any transaction which may be permitted by Us from time to time, Apoe’s own records of such transactions maintained through computer systems or otherwise, shall be accepted as conclusive and binding for all purposes. The record of The Transaction as generated from the systems of Apoe shall be conclusive proof of the genuineness and accuracy of such transactions.

 

17. CONSULTING

 

17.1. Any decisions to purchase any policy/product of Apoe will be based solely on Your independent evaluation of the policies/products of Apoe, and Your need for the same.You have the responsibility to determine whether the products offered by Apoe satisfy Your requirements. It is Your responsibility to evaluate the completeness, accuracy or usefulness of any opinion, guidance or other content made available on the Website/Apoe App and You should consult Your own legal counsel, business advisor and tax advisor as to the legal, business, tax and related matters concerning any policies with respect to which guidance is sought or given. We have provided the relevant information in relation to the products on the Website/Apoe App.

 

17.2. In the event You require any further information or assistance, you may contact us at support@apoehealth.com

 

18. NO DOCTOR PATIENT RELATIONSHIP FOR EMERGENCY USE

 

18.1. Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website/Apoe App (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Apoe and You and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.  

 

18.2. It is hereby expressly clarified that, the Information that you obtain or receive from Apoe, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website/Apoe App, including chatbot, is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website/Apoe App. In no event shall Apoe be liable to you or anyone else for any decision made or action taken by you in reliance on such information.  

 

18.3. The Services are not intended to be a substitute for getting in touch with emergency healthcare, like suicidal tendencies and severe mental ailments. If you are an User facing a medical emergency (either on your or another person’s behalf), please contact an ambulance service or hospital directly.

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19. COMPLIANCE WITH LAWS

 

19.1. You shall comply with all the applicable Domestic and International laws

 

 

20. ILLEGAL AND FRAUDULENT TRANSACTIONS

 

20.1. If we have suspicion or knowledge, that you are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then we without prejudice to our rights to initiate civil and/or criminal proceedings against you may also at our sole discretion suspend, block, restrict, cancel your account. Any person who, knowingly and with intent to injure, defraud or deceive, files a fraudulent complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

 

21. TERM AND TERMINATION OF TERMS OF USE

 

21.1. Unless terminated, this Agreement between Apoe and You is perpetual in nature upon downloading the Application and availing the Services through the Website/Apoe App.

 

21.2. You are entitled to terminate the Agreement at all times by deletion of Your Account, thus, disabling the use by You of the Website/Apoe App. You can close Your Account at any time by following the instructions on the Website/Apoe App. 

 

21.3. Apoe reserves the right to suspend or terminate a User’s access to the Website/ApoeApp and the Services with or without notice and to exercise any other remedy available under law, in cases where, 

 

i) Such User breaches any terms and conditions of the Agreement; .

 

ii) A third party reports violation of any of its right as a result of your use of the Services.

 

iii) Apoe is unable to verify or authenticate any information provided to Apoe by a User; 

 

iv) Apoe has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or;

 

v) Apoe believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Apoe or are contrary to the interests of the Website/Apoe App.       

 

21.4. Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website/Apoe App under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website/Apoe App by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.

 

21.5. Clauses pertaining to Indemnification, Liability, Intellectual Property Rights, Term and Termination, Notice and Applicable Law and Dispute Resolution and such other provisions which are intended to survive the termination, shall survive the expiry/termination of these  Terms of Use in accordance with their terms.

 

22. INDEMNITY

22.1. You agree, at your own expense, to indemnify, defend and hold harmless Apoelicensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers its directors and employees, representatives, suppliers and advisors, against any claim, suit, action or other proceeding brought against Apoe, its directors and employees, representatives, suppliers and as by a third party, to the extent that such claim, suit, action or other proceeding is based on or arises in connection with the use of this Apoe App/Website, or any links therein, including, but not limited to :

 

a. Your use or someone else's use of your access to this Apoe App/Website.

 

b. A violation of these terms and conditions contained herein by you or anyone using your or any other computer / mobile

 

c. A claim that any use of the Apoe App/Website by you or someone using your computer / mobile infringes any intellectual property right of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party

 

d. Any deletions, additions, insertions or alterations to, or any unauthorized use of, the Apoe App by you or someone using your computer / mobile

 

e. Any misrepresentation or breach of representation or warranty contained herein made by you and/or

 

f. Any breach of any covenant or agreement to be performed by you hereunder.

23. INTELLECTUAL PROPERTY RIGHTS

 

23.1. Apoe alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to (i) the website, Apoe App, product, Service and any suggestions, ideas, enhancement requests, feedback, recommendations or any other offering; (ii) text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or (iii) other information provided by You or any other party relating to the website, Apoe APP. Third party trademarks may appear on this Website/Apoe App and all rights therein are reserved to the registered owners of those trademarks. For use of any third party’s intellectual property, You need to get permission directly from the owner of the intellectual property for any use. 

 

23.2. These Terms of Use do not constitute a sale and do not convey to You any rights of ownership in or related to the Webite/Apoe App, or any intellectual property rights owned by Apoe. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Website/Apoe App.

 

24. GOVERNING LAW AND DISPUTE RESOLUTION

 

24.1. These Terms of Use are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof or the use of the website/Apoe App, (collectively, “Disputes”), the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of Apoe as Apoe may designate. In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator appointed by Apoe. The place of the arbitration shall be Hyderabad, Telangana. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Hyderabad, India.

25. SALE IN INDIA ONLY

 

25.1. Unless otherwise specified, the products/services displayed on the Website/Apoe Appare solely for the purpose of sale in India. We make no representation that products/services displayed in the Website/ Apoe App are appropriate or available for sale in other Countries other than India. Those who choose to access the Website/ Apoe App from countries other than India such act shall at their own initiative and we are not responsible for supply of products/refund for the products ordered from countries other than India, compliance with local laws. Courts at Hyderabad shall have exclusive jurisdiction.

 

26. GRIEVANCE OFFICER

 

26.1. In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

In the event of any complaints or concerns with respect to the website/ Apoe App or our services, please contact our Grievance Redressal Officer at:

 

Shai Technologies Private LTD

     HNO 9-46 New Dilsukhnagar Colony,

Dilsukhnagar, Hyderabad,

Telangana

India – 500060

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

This document 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 of Use for access or usage of Website/APOE App.

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