Terms

Terms and Conditions/ Terms of Use

Introduction

This document is an electronic record in accordance with the Information Technology Act, 2000, its applicable rules, and the amended provisions related to electronic records in various statutes. It is generated by a computer system and does not require any physical or digital signatures. This document complies with Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which necessitates the publication of the rules, regulations, privacy policy, and Terms of Use for access or usage of www.apnavikas.com or any other websites owned by Apna Vikas Online Services LLP that redirect to apnavikas.com (collectively referred to as the "Website").

The Website is owned and operated by Apnavikas Online Services LLP ("Company"), a Limited Liability Partnership registered under the Limited Liability Partnership Act, 2008, with its registered office located at Bangalore, India.

Acceptance of Terms

These terms of usage ("Terms") govern your use of the Website and the services provided therein ("Services"). By using or visiting the Website, or by using any content or information provided as part of the Website/Services, you agree to have read, understood, and accepted to be bound by these Terms. If you do not agree to these Terms, please do not use this Website/Services. It is crucial to review these Terms carefully before accessing or using the Website, as they form a legal contract between you and Apnavikas. These Terms do not intend to alter or limit the terms or conditions of any other agreement you may have with Apnavikas, including the privacy policy ("Privacy Policy").

For the purposes of these Terms, "You", "Your", "Customer" or "User" shall refer to any natural person who uses the Website to avail the Services offered by the Company. The terms "We", "Us", "Our", "Apnavikas" shall refer to the Company, its employees, affiliates, partners, and authorized agents performing actions or services on the Company's behalf.

Modifications to Terms

We reserve the right to make changes to these Terms at any time. Any such modifications will become effective immediately upon posting on the Website, and your continued use of the Website and/or the Services signifies your agreement to such changes. You agree to periodically review the current version of these Terms of Use as posted on the Website.

Services Provided

The Website enables Users to create personality reports using various techniques including but not limited to the Enneagram, generative A.I. chatbots based on tools like the Enneagram, and other tools and techniques related to soft-skill development and training. Additionally, the Website allows Users to reach out to human experts who may or may not be directly affiliated with the Website. These experts provide professional guidance and insight into personality development, career coaching, and other areas of personal growth.

The Services provided may include, but are not limited to:

Personality Assessments: Using tools such as the Enneagram and other psychological frameworks, Users can receive detailed personality reports that offer insights into their character traits, strengths, weaknesses, and areas for improvement.
Generative AI-based Chatbots: These chatbots are designed to simulate human conversation and provide Users with interactive guidance based on their personality assessments. The chatbots use advanced algorithms and machine learning techniques to offer personalized advice and support.
Human Expert Consultations: Users can schedule sessions with human experts who specialize in various fields such as psychology, career coaching, and personal development. These experts provide tailored advice and strategies to help Users achieve their goals.
Training and Development Programs: The Website may offer various programs and workshops focused on soft-skill development, leadership training, and other areas of personal and professional growth.
Resource Library: Access to a library of articles, videos, and other resources that provide valuable information on personal development, mental health, and related topics.

Use of Services by Incorporated/Registered Entities

If you are an incorporated/registered entity, institute, or organization seeking to avail the services of Apnavikas for your members, employees, students, or registered individuals, you must enter into an agreement or memorandum of understanding with Apnavikas. Additional terms will apply based on each specific agreement. Each individual availing the services under such an agreement will be bound by these Terms and the Privacy Policy. This ensures that all parties understand their obligations and rights, thereby fostering a transparent and cooperative relationship.

Incorporated entities must comply with all applicable laws and regulations when using the Services. They must also ensure that their members, employees, students, or registered individuals adhere to these Terms. Any breach of these Terms by an individual associated with an incorporated entity may result in the suspension or termination of Services for the entire entity.

Use of Services/Website by Minors

The Website is available only to persons over the age of eighteen (18). If you are a minor, under the age of eighteen (18) years, you must provide a duly filled consent form from your legal guardian or parent ("Consent Form") to register on the Website. We reserve the right to terminate your membership and refuse access to the Website or Services if it is discovered that you are under eighteen (18) years and have not furnished the Consent Form. We will not be liable for any harm caused by your use of the Website without appropriate parental consent. This policy is in place to protect minors from exposure to inappropriate content and ensure they have the necessary guidance and support from their guardians.

Parents or legal guardians providing consent for minors are responsible for monitoring their activities on the Website. They must ensure that the minor adheres to these Terms and uses the Services responsibly. Any misuse of the Services by a minor may result in the termination of their account and potential legal consequences.

User Account

To use the Website, you may be required to provide information about yourself, including your name, email address, and other personal information ("Personal Information"). You agree that any information you provide will always be accurate, correct, and up-to-date. You shall not impersonate someone else or provide account information, an email address, or any other information that is not your own. The treatment of your Personal Information will be in accordance with the Privacy Policy.

You are responsible for maintaining the confidentiality of your account details at all times and for all activities that occur under your account. This includes using a strong password, regularly updating your password, and ensuring that you log out of your account when accessing the Website from public or shared computers. Failure to maintain the security of your account may result in unauthorized access and misuse of your personal information.

In the event of any unauthorized use of your account or any other breach of security, you must immediately notify Apnavikas. We will not be liable for any loss or damage arising from your failure to comply with this security obligation. You may be held liable for any losses incurred by Apnavikas or any other User of the Website due to someone else using your account as a result of your failure to maintain the security of your account information.

Payment

Payment for individual usage includes services or products mentioned along with the offer being availed. When the payment includes the use of a Generative AI-based chatbot, the number of conversations with the chatbot will be limited to a specified number. This number is visible on the chatbot and mentioned before the time of payment. Additional costs will apply for extended conversations.

Additional costs may apply for chat, audio, and/or video-based Coaching/Counselling or face-to-face sessions and other programs with human experts who are partners or affiliates of the company. Before availing of any such Service, we will communicate the applicable charges in writing. In addition to these Terms, a User shall also be bound by the terms (if any) mentioned for specific Services.

Charges paid by a Customer are not refundable. However, if a Customer is not satisfied with the Service provided by Apnavikas, they may send a support ticket using the contact us link on the Website. Apnavikas will review each case individually and may refund the charges if deemed appropriate.

General Refund Policy

Services once paid for are generally non-refundable. However, in exceptional cases, such as technical errors during payment processing on our payment gateway, refunds may be considered. This policy ensures that customers are aware of their rights and can seek redress in cases of genuine errors or issues with the payment process.

Users requesting a refund must provide all necessary details, including proof of payment and a description of the issue encountered. Apnavikas will investigate the matter and, if a refund is warranted, will process it within a reasonable timeframe. Refunds will be made using the same payment method used for the original transaction unless otherwise agreed upon.

Payment Methods

Users can make payments through any of the following available options:

Internet banking
Debit cards/credit cards
Unified Payments Interface ("UPI")
Other payment options as made available by the payment gateway, and chosen by ApnaVikas

These payment methods offer flexibility and convenience, allowing users to choose the most suitable option for them. Users must ensure that their payment information is accurate and up-to-date to avoid any issues during the transaction process.

Virtual Payment Modes

The User agrees and accepts that all nuances and modalities relating to making payment using internet banking, debit cards, credit cards, UPI, or payment wallets ("Virtual Payment Mode") shall be separately governed by the arrangement(s) or terms and conditions between the User and the relevant banks or payment gateways. We shall not be responsible, in any manner whatsoever, for any liability that may arise in relation to the Virtual Payment Modes, including any fraudulent transactions. It is the User's responsibility to ensure that their payment methods are secure and that they monitor their accounts for any unauthorized transactions.

Users are encouraged to regularly review their bank statements and payment account activity to detect any unauthorized transactions. If an unauthorized transaction is detected, the User must immediately report it to their bank or payment provider and follow their procedures for resolving such issues.

Liability Disclaimer

While availing any of the Virtual Payment Modes available on the Website, we will not be responsible or assume any liability, whatsoever, in respect of any loss or damage arising directly or indirectly to You due to:

Lack of authorization for any transactions
Any payment issues arising out of the transaction
Decline of such transaction for any reason

The User acknowledges and agrees that Apnavikas will not be liable for any losses or damages incurred as a result of using the payment methods provided on the Website. This includes, but is not limited to, issues such as unauthorized access, fraud, or payment processing errors.

Nature of Payment Facility

You understand, accept, and agree that the payment facility provided by us is neither a banking nor financial service. It is a means to facilitate the payment for services availed on the Website. This distinction is crucial, as it clarifies the role of Apnavikas in the payment process and ensures that users do not have unrealistic expectations regarding the payment facility.

Additional Disclaimer

By utilizing the services provided on the ApnaVikas website, you acknowledge and agree that the website utilizes various techniques, including the Enneagram, which is considered an open technique. The Enneagram methodology applied on ApnaVikas is based on the interpretation by our team members, who have utilized it to create a questionnaire to determine the user's personality type. This personality type assessment is further utilized for generating personalized reports and is integrated into various tools on the ApnaVikas platform, such as the Generative AI chatbot. It is important for users to approach these results with care and understanding, recognizing that they represent one interpretation of the user's personality. By accessing and using this website, you explicitly acknowledge that all information and services provided are for informational purposes only. You, as the user, are solely responsible for your decisions, actions, thoughts, and any outcomes thereof. The website, ApnaVikas, cannot be held liable or accountable for any decisions, thoughts, or actions taken by the user based on the information provided on the platform.

Revision of Charges

Apnavikas reserves the right to revise the charges for Services at any time, without prior intimation to the User. Any such change shall be binding and effective on the User. Users are encouraged to regularly check the Website for updates on service charges to avoid any surprises.

Ownership of the Website

The Website contains content owned or licensed by Apnavikas ("Apnavikas Content"). Apnavikas owns and retains all rights in the Apnavikas Content. You shall not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Apnavikas Content. You shall not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit the Apnavikas Content without prior written permission from Apnavikas.

The Apnavikas name and logo are owned by Apnavikas and may not be copied, imitated, or used, in whole or in part, without prior written permission from Apnavikas. Additionally, all custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Apnavikas and may not be copied, imitated, or used, in whole or in part, without prior written permission from Apnavikas.

Use of the Website and Conduct

You may use the Website for lawful purposes only. You shall not post or transmit through the Website any material that violates or infringes the rights of others, or that is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable. You shall not post or transmit any material that contains injurious formulas, recipes, or instructions, or that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law.

Prohibited Activities

You agree not to engage in any of the following prohibited activities:

Copying, distributing, or disclosing any part of the Website in any medium.
Transmitting spam, chain letters, or other unsolicited email using the Services or the Website.
Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Website.
Taking any action that imposes, or may impose, in our sole estimation, an unreasonable or disproportionately large load on our infrastructure.
Uploading invalid data, viruses, worms, or other software agents through the Website.
Collecting or harvesting any personally identifiable information, including account names, from the Website.
Using the Website for any commercial purposes without having all necessary rights and licenses to the User Content.
Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding, or attempting to hide your identity.
Interfering with the proper working of the Website.
Accessing any content on the Website through any technology or means other than those provided by the Website.
Bypassing the measures we may use to prevent or restrict access to the Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein.

User Content Guidelines

Responsibility for User Content: You are solely responsible for your conduct and any data that you submit, post, or display on or via the Website. Apnavikas shall have no liability for conduct in relation to your use of our Website. Violations of these Terms may result in legal consequences prescribed by applicable laws.

Creation and Sharing of User Content: The Website provides Users the facility to create, share, and post content (together, "User Content"). Apnavikas claims no ownership rights over User Content created by you. Apnavikas has the right (but not the obligation) in its sole discretion to remove any User Content that is stored via the Website.

Liability for User Content: Apnavikas takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts, or sends through the Website. You shall be solely responsible for your User Content and the consequences of posting, publishing, or sharing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. If your Content violates these Terms, you may bear legal responsibility for that content.

Prohibited User Content: You agree not to post, store, transmit, create, or share any User Content that: 1. May create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal. 2. May create a risk of any other loss or damage to any person or property. 3. Seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise. 4. May constitute or contribute to a crime or tort under applicable law. 5. Contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable. 6. Contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets). 7. Contains any information or content that you do not have a right to make available under applicable law or under contractual or fiduciary relationships.

Intellectual Property Rights

You agree that any User Content that you create, store, or share does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights or rights of privacy. Apnavikas reserves the right, but is not obligated, to reject and/or remove any User Content that Apnavikas believes, in its sole discretion, violates these provisions. For the purposes of these Terms, "Intellectual Property Rights" means all patent rights, copyrights, mask work rights, moral rights, rights of publicity, trademark, trade dress, and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all registered domain names protected under applicable law.

Rights to User Content

If you share your User Content with Apnavikas and/or link your User Content to Apnavikas on a third-party service and/or post content on any social media page owned and operated by Apnavikas, you expressly grant and you hereby represent and warrant that you have all rights necessary to grant to Apnavikas a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Website and Apnavikas's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of our Website (and derivative works thereof) in any media formats and through any media channels.

Disclaimers

The information provided by the Website (including but not limited to personality reports, recommendations contained in the personality report, any recommendations given by the chatbot, etc.) is for informational purposes only and cannot be considered a substitute for services and information provided by a professional specializing in soft-skill development. Users are strongly advised against relying solely on, or making decisions based solely on, advice provided by any Expert.

You understand and agree that although an Expert may be a Coach, a counselor, a therapist, or any other professional, Apnavikas disclaims any and all liability for any consultation and therapy services rendered by an Expert to you through the Website. You further acknowledge and agree that you take full responsibility for the decision to access an Expert through the Website and to continue to interact with such individual(s), and that the role of Apnavikas is strictly limited to providing access to such Experts to you.

Use of the Services is not for emergencies. If you think you have a medical or mental health emergency, or if at any time you are concerned about your care or treatment, please go to the nearest hospital or healthcare provider.

The Website is not a suicide helpline platform. If you are considering or contemplating suicide or feel that you are a danger to yourself or to others, you may discontinue use of the services immediately at your discretion and notify appropriate police or emergency medical personnel. If you are thinking about suicide, immediately call a suicide prevention helpline of your choice.

Your use of information provided on the Website and availing of services on the Website is solely at your own risk. Apnavikas is not and will not in any manner be involved in the practice of medicine or the provision of medical care.

Privacy and Security

You understand that by using the Website, you consent to the collection, use, and disclosure of your Personal Information (as defined in the Privacy Policy) and aggregate data as set forth in our Privacy Policy.

We endeavour to protect the privacy of your User account and other Personal Information collected by us, but you understand that Apnavikas cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your Personal Information at your own risk.

Your User account is protected by a password for your privacy and security. You need to prevent unauthorized access to your account and Personal Information by ensuring that you keep the login credentials of your User account confidential and limit access to your computer or device and browser by signing off after you have finished accessing your User account.

To know more about how we protect your Personal Information, read the clauses in our Privacy Policy.

Warranty

The Website is provided on an "as is" basis, and use of the Website is at the User's risk. To the maximum extent permitted by applicable law, the Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Apnavikas or through the Website will create any warranty not expressly stated herein. Without limiting the foregoing, Apnavikas, its subsidiaries, its affiliates, and its licensors do not warrant that the content found on the website is accurate, reliable, or correct; that the Website will meet your requirements; that the Website will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Website is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Website is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Website.

Apnavikas does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or service, and Apnavikas will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

Exceptions and Limitations

Apnavikas does not make any representation or warranty as to the quality or value of the Services offered on the Website, or availability of Expert(s). Apnavikas does not implicitly or explicitly support or endorse any services on the Website. Apnavikas shall not be liable for any errors or omissions, whether on behalf of itself or third parties. The Company does not guarantee that the Services will meet the User's expectations or requirements.

While Apnavikas carries out background checks and verifications on all Experts, you understand and acknowledge that Apnavikas does not endorse, recommend, warrant, or guarantee the qualifications, expertise, claims, or background of any Expert, or any service, advice, opinion, recommendation provided by an Expert. Nothing contained in these Terms, the Website, or on any third-party site shall be considered as an endorsement, recommendation, referral, verification, warranty, or guarantee with respect to (a) any Expert; (b) the Website; (c) any service, advice, opinion, recommendation made available via the Website; or (d) the validity, accuracy, availability, completeness, safety, legality, quality, or applicability of any information made available via the Website.

You acknowledge that there will be occasions when the Website may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. During such times, Apnavikas will not be liable for any inconvenience, loss, or damage suffered by Users due to the unavailability of the Website or any of its features.

You agree that Apnavikas is not responsible for, and does not endorse, User Content posted within the Website. Apnavikas does not have any obligation to prescreen, monitor, edit, or remove any User Content. If your User Content violates these Terms, you shall be solely responsible for all consequences under applicable law with respect to such User Content.

Apnavikas reserves the right to remove any User Content from the Website for any reason, without prior notice. User Content removed from the Website may continue to be stored by Apnavikas, including, without limitation, in order to comply with certain legal obligations imposed by applicable law, but may not be retrievable without a valid court order. Apnavikas will not be liable to you for any modification, suspension, or discontinuation of the Website, or the loss of any User Content.

We may, without prior notice, change the Website, stop providing the Website or features of the Website, to you or to Users generally, or create usage limits for the Website. We may permanently or temporarily terminate or suspend your access to the Website, or delete any User Content without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.

Termination

Apnavikas reserves the right to terminate these Terms at any time for any reason. Apnavikas may, in its sole discretion, restrict, suspend, or terminate your access to and use of the Website, with or without prior notice. Sections of these Terms that by their nature should survive termination will remain in effect. In addition to any termination rights, Apnavikas reserves the right to enforce and prosecute any violations of these Terms. You may terminate these Terms at any time by deleting your User account.

Upon any termination of these Terms, whether by you or by Apnavikas, you must promptly destroy all materials downloaded or otherwise obtained from the Website, as well as all copies of such materials, whether made under these Terms or otherwise. Your obligations to pay outstanding fees and charges, if any, shall survive any termination of these Terms.

Third-party Links

The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Apnavikas, and Apnavikas is not responsible for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site.

Apnavikas is not responsible for any form of transmission received by the User from any Linked Site. These links are provided only for convenience, and the inclusion of any link does not imply endorsement by Apnavikas of the Linked Sites or any association with its operators or owners, including their legal heirs or assigns.

Upon accessing the Linked Sites, you will be governed by the terms of use, privacy policy, and any other additional policies of the Linked Sites. You further acknowledge and agree that Apnavikas shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, products, services, or other materials available on or through any Linked Sites, or for any errors, defamatory content, libel, slander, omissions, falsehoods, obscene content, pornographic material, or any profanity contained therein.

Indemnification

You shall indemnify and hold Apnavikas harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorneys' fees, arising out of any breach by you of any of these Terms, or any use by you of the Website. You shall provide Apnavikas with such assistance, without charge, as it may request in connection with any such defence, including, without limitation, providing Apnavikas with such information, documents, records, and reasonable access to you, as it deems necessary. You shall not settle any third-party claim or waive any defence without Apnavikas' prior written consent.

In the event of a dispute regarding any transaction conducted via the website, you hereby relieve Apnavikas, its affiliates, their respective officers, directors, shareholders, employees, sub-contractors, and agents from all manner of actions, claims, or demands and from any and all losses (direct, indirect, incidental, or consequential), damages, costs, or expenses, including, without limitation, court costs and attorneys' fees, which you may have against one or more of the above.

This indemnification obligation will survive the termination of these Terms and your use of the Website. You agree that Apnavikas shall have the right to participate in the defence of any such claim through counsel of its own choosing at your expense.

Limitation of Liability

In no event will Apnavikas or its affiliates or any party involved in creating, producing, or delivering the website be liable for any direct, incidental, consequential, indirect, special, or punitive damages arising out of your access, use, misuse, or inability to use the website or any linked sites, or in connection with any failure of performance. These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Apnavikas has been advised of the possibility of such damage.

By use of the Website and the Services, the User acknowledges that he/she or other pronoun(s) used by the user, is solely responsible for any and all actions, liabilities, consequences, decisions, behaviors ("Conduct") arising out of or in connection with the use of the Website and/or its affiliates responsible for such Conduct.

Apnavikas' total liability to you for any damages, losses, and causes of action arising out of or relating to these Terms or your use of the Website, whether in contract, tort (including negligence), strict liability, or otherwise, shall not exceed the amount paid by you, if any, for accessing the Website or availing any of the Services provided through the Website.

Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to this Agreement or any subsequent amendments to this Agreement including, without limitation, the breach of the terms hereunder, termination, validity or invalidity thereof, or any non-contractual issues relating to this Agreement (each, a "Dispute"), each of the Parties will appoint a designated officer to meet for the purpose of endeavouring to resolve such Dispute amicably or to negotiate for an adjustment to such provision.

All Disputes, which are not settled pursuant to the issue resolution procedures set forth above, will be referred and settled by final and binding arbitration by a sole arbitrator mutually appointed by the Parties in accordance with the Indian Arbitration and Conciliation Act, 1996 as amended from time to time, and the seat of arbitration shall be at Bengaluru.

The arbitration proceedings shall be conducted in the English language and the award shall be final and binding on the Parties. Each Party shall bear its own costs and expenses of arbitration, and the Parties shall equally share the fees and expenses of the arbitrator.

Governing Law

This Agreement shall be governed by the laws of India, and subject to the dispute resolution clause above, the courts of Bengaluru shall have exclusive jurisdiction with respect to any dispute arising hereunder.

The Parties agree to submit to the personal jurisdiction of the courts located in Bengaluru, India, for the purpose of litigating all such disputes. The Parties hereby waive any objections to such jurisdiction and venue, including any objections based on inconvenient forum.

Grievance Officer

In accordance with the Information Technology Act, 2000 and rules made thereunder, the name and contact details of the 'Grievance Officer' are provided below: Name: Sumitha Venkatesh Phone No: +919901148503 E-mail Address: apnasupport@apnavikas.com Postal Address: #40103, Bhuvana Greens, Kasavanahalli Main Road, Bengaluru 560035

The Grievance Officer will address complaints and grievances raised by Users regarding any issues related to the use of the Website or the Services provided therein. The Grievance Officer will acknowledge receipt of the complaint within 48 hours and will endeavour to resolve the complaint within 30 days from the date of receipt.

Miscellaneous

Survival: In the event of termination or expiration of these Terms for any reason, any provisions of these Terms that by their nature should survive termination of these Terms will survive termination of these Terms, unless contrary to the pertinent provisions herein stated. This includes, but is not limited to, provisions related to intellectual property rights, disclaimer of warranties, indemnification, limitation of liability, and dispute resolution.

Severability: If any term or provision in these Terms is held to be either illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Terms, but the validity and enforceability of the remainder of these Terms shall not be affected. The Parties agree to replace any invalid or unenforceable provision with a valid and enforceable provision that achieves, to the greatest extent possible, the original objectives and intent of the invalid or unenforceable provision.

Unenforceability: If any provision of these Terms or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into these Terms on the part of any Party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render these Terms as modified legal and enforceable to the maximum extent permitted under applicable laws.

No Waiver: No delay or omission by either Party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of these Terms shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of these Terms may be waived or amended only in writing or mutual agreement of the Parties. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained (whether or not the provision is similar).

Notices: Any notice required or permitted to be given to Apnavikas hereunder shall be in writing and sent or transmitted by (i) registered or certified mail; (ii) hand-delivery; (iii) email; or (iv) internationally recognized courier service, provided its receipt is acknowledged and, dispatched or sent or transmitted to the address specified Apnavikas. All notice required to be given under these Terms shall be addressed to: Name: Apnavikas Online Services LLP Postal Address: #40103, Bhuvana Greens, Kasavanahalli Main Road, Bengaluru 560035 E-mail Address: apnasupport@apnavikas.com

Notices to you may be sent to the email address or postal address provided by you during the registration process. It is your responsibility to ensure that your contact information is accurate and up-to-date. Any notice sent to you by Apnavikas will be deemed to have been received by you within 48 hours of sending the email or 7 days after dispatch of the postal mail.

Force Majeure: Apnavikas shall not be liable for any failure or delay in performing its obligations under these Terms due to any cause beyond its reasonable control, including, but not limited to, acts of God, war, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes, pandemics, or shortages of transportation facilities, fuel, energy, labour, or materials. In the event of such a force majeure, the affected Party shall promptly notify the other Party and make reasonable efforts to mitigate the effects of the force majeure.

Entire Agreement: These Terms, together with the Privacy Policy and any other agreements or terms incorporated by reference, constitute the entire agreement between you and Apnavikas with respect to the use of the Website and the Services provided therein. These Terms supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and Apnavikas with respect to the Website and Services.

Assignment: You may not assign or transfer any rights or obligations under these Terms without the prior written consent of Apnavikas. Apnavikas may assign or transfer its rights and obligations under these Terms to any third party at its sole discretion and without your consent. Any assignment or transfer in violation of this provision shall be null and void.

Headings: The headings used in these Terms are for convenience only and shall not affect the interpretation of these Terms. The singular includes the plural and vice versa, and references to any gender include references to all other genders.

No Partnership or Agency: Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between you and Apnavikas. Neither Party shall have the authority to bind the other Party or incur any obligations on its behalf without the other's prior written consent.

Third-Party Beneficiaries: These Terms are for the benefit of you and Apnavikas and are not intended to confer any rights or benefits on any third party, and no third party shall have any rights to enforce any provision of these Terms. The exclusion of third-party rights under these Terms does not apply to the rights of any assignee or successor permitted under the Terms.

Waiver of Class Action Rights: By agreeing to these Terms, you agree that any claims or disputes shall be resolved on an individual basis, and you waive any right to participate in a class action lawsuit or class-wide arbitration. This waiver shall apply to the fullest extent permitted by law.

Feedback: We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Website and Services ("Feedback"). You may submit Feedback by contacting us through the Website or via email. You acknowledge and agree that all Feedback you provide will be the sole and exclusive property of Apnavikas, and you hereby assign to Apnavikas all of your rights, title, and interest in and to all Feedback, including, without limitation, all intellectual property rights therein. At Apnavikas' request and expense, you will execute documents and take such further acts as Apnavikas may reasonably request to assist Apnavikas in acquiring, perfecting, and maintaining its intellectual property rights and other legal protections for the Feedback.

Contact Information: If you have any questions or concerns about these Terms, the Website, or the Services provided by Apnavikas, please contact us using the following information: Email: apnasupport@apnavikas.com Phone: +919901148503 Postal Address: #40103, Bhuvana Greens, Kasavanahalli Main Road, Bengaluru 560035

Amendments: Apnavikas may amend these Terms at any time by posting the amended Terms on the Website. Your continued use of the Website following the posting of the amended Terms constitutes your acceptance of the amended Terms. If you do not agree to the amended Terms, you must stop using the Website and Services.

Acknowledgment: By using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any other documents incorporated by reference. If you do not agree to these Terms, please do not use the Website or Services.

Additional Terms

Data Protection and Privacy

Data protection and privacy are of utmost importance to Apnavikas. We are committed to ensuring that your personal information is processed in accordance with applicable data protection laws, including but not limited to the Information Technology Act, 2000, and the rules made thereunder. The following additional terms outline our data protection and privacy practices:

Collection of Personal Information: We collect personal information that you provide to us when you register on the Website, fill out forms, or use our Services. This may include your name, email address, contact details, and other information necessary for the provision of Services.
Use of Personal Information: Your personal information is used to provide and improve our Services, communicate with you, and comply with legal obligations. We may also use your information for internal purposes such as data analysis, research, and audits.
Sharing of Personal Information: We do not sell, trade, or otherwise transfer your personal information to third parties without your consent, except as required by law or as necessary to provide the Services. We may share your information with our affiliates, partners, and service providers who assist us in operating the Website and providing the Services, subject to appropriate confidentiality and security measures.
Data Security: We implement reasonable security measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction. This includes the use of encryption, firewalls, and secure server environments. However, no method of transmission or storage is completely secure, and we cannot guarantee the absolute security of your data.
Access and Correction: You have the right to access and correct your personal information held by us. You may update your account information through the Website or contact us directly to request changes. We will take reasonable steps to ensure that your information is accurate and up-to-date.
Retention of Personal Information: We retain your personal information for as long as necessary to fulfil the purposes for which it was collected, comply with legal obligations, resolve disputes, and enforce our agreements. When your information is no longer needed, we will securely delete or anonymize it.
Cookies and Tracking Technologies: The Website may use cookies and other tracking technologies to enhance your user experience, analyse usage patterns, and deliver personalized content and advertisements. You can manage your cookie preferences through your browser settings, but disabling cookies may affect the functionality of the Website.
Children's Privacy: We do not knowingly collect personal information from children under the age of 18 without parental consent. If we become aware that a child under 18 has provided us with personal information without parental consent, we will take steps to delete such information from our records.
International Transfers: Your personal information may be transferred to and processed in countries other than India, where data protection laws may differ from those in India. By using the Website and Services, you consent to the transfer of your information to these countries. We will take appropriate measures to ensure that your information is protected in accordance with this Privacy Policy.
Your Data Protection Rights: Depending on your jurisdiction, you may have certain rights regarding your personal information, including the right to access, correct, delete, or restrict the processing of your data. You may also have the right to object to the processing of your data and the right to data portability. To exercise these rights, please contact us using the contact information provided above.

Intellectual Property

The content on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, is the property of Apnavikas or its licensors and is protected by applicable intellectual property laws. The following terms govern the use of our intellectual property:

License to Use: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and Services for your personal, non-commercial use. This license does not permit you to: (a) modify or create derivative works based on the Website or its content; (b) use the Website or its content for any commercial purpose; (c) distribute, publicly perform, or publicly display any content from the Website; or (d) remove any copyright, trademark, or other proprietary notices from the Website or its content.
Trademarks: The trademarks, service marks, and logos ("Trademarks") used and displayed on the Website are registered and unregistered Trademarks of Apnavikas and its licensors. You are not granted any license or right to use any Trademarks without the prior written permission of Apnavikas or the respective trademark owner.
User Content: By submitting, posting, or displaying User Content on or through the Website, you grant Apnavikas a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such User Content in any media formats and through any media channels. You represent and warrant that you have all rights necessary to grant this license and that your User Content does not infringe the intellectual property rights of any third party.
Reporting Infringements: If you believe that any content on the Website infringes your intellectual property rights, please notify us in writing with the following information: (a) a description of the copyrighted work or other intellectual property that you claim has been infringed; (b) a description of the location on the Website where the allegedly infringing material is located; (c) your contact information, including your name, address, telephone number, and email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and (e) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the owner's behalf.

User Conduct

We expect all Users to use the Website and Services responsibly and in accordance with these Terms. The following additional terms outline the expected conduct for Users:

Compliance with Laws: You agree to comply with all applicable laws, regulations, and rules when using the Website and Services. This includes, but is not limited to, laws related to data protection, privacy, intellectual property, and online conduct.
Prohibited Activities: You agree not to engage in any illegal, harmful, or inappropriate activities, including but not limited to: (a) harassing, threatening, or defaming others; (b) posting or transmitting obscene, offensive, or inappropriate content; (c) engaging in fraudulent or deceptive practices; (d) hacking, phishing, or distributing malware; (e) infringing the intellectual property rights of others; (f) violating the privacy or publicity rights of others; (g) impersonating others or misrepresenting your affiliation with any person or entity; and (h) interfering with the operation or security of the Website or Services.
Respect for Others: You agree to treat other Users with respect and courtesy. You will not engage in any behaviour that is abusive, discriminatory, or harmful to others. This includes, but is not limited to, hate speech, bullying, and harassment.
Content Standards: Any content you submit, post, or display on the Website must be accurate, truthful, and not misleading. It must not contain any material that is defamatory, obscene, offensive, or otherwise objectionable. Apnavikas reserves the right to remove any content that violates these standards or these Terms.
Reporting Violations: If you encounter any content or behaviour that violates these Terms, please report it to us using the contact information provided above. We will investigate the matter and take appropriate action, which may include removing the content, suspending or terminating the User's account, and reporting the violation to law enforcement authorities.

Disclaimers and Limitation of Liability

The following additional terms outline the disclaimers and limitations of liability applicable to the use of the Website and Services:

No Warranty: The Website and Services are provided on an "as is" and "as available" basis without any warranties of any kind, whether express or implied. Apnavikas disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy. We do not warrant that the Website or Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components.
Limitation of Liability: To the maximum extent permitted by law, Apnavikas shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or use, arising out of or in connection with the use or inability to use the Website or Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if Apnavikas has been advised of the possibility of such damages.
Exclusive Remedy: Your sole and exclusive remedy for any dissatisfaction with the Website or Services is to stop using the Website and Services. If you are dissatisfied with any aspect of the Website or Services, your sole remedy is to discontinue your use.
Indemnification: You agree to indemnify, defend, and hold harmless Apnavikas, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website or Services.
Third-Party Content: The Website may include links to third-party websites, services, or content that are not controlled by Apnavikas. We are not responsible for the accuracy, completeness, or reliability of any third-party content. Your use of third-party content is at your own risk, and you should review the terms and conditions and privacy policies of any third-party websites or services you access.

Dispute Resolution and Governing Law

The following additional terms outline the dispute resolution process and governing law applicable to these Terms:

Informal Resolution: Before initiating any formal dispute resolution process, you agree to first contact us and provide a written description of your dispute, including any relevant documents and information. We will attempt to resolve the dispute informally within 30 days of receiving your written description.
Arbitration: If the dispute is not resolved informally, it will be resolved through binding arbitration administered by a recognized arbitration institution in accordance with its rules. The arbitration will take place in Bengaluru, India, and will be conducted in the English language. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court having jurisdiction.
Class Action Waiver: You agree that any arbitration or legal proceeding will be conducted on an individual basis and not as a class action or other representative action. You waive your right to participate in any class action lawsuit or class-wide arbitration.
Governing Law: These Terms and any disputes arising out of or relating to these Terms or the Website or Services will be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. The courts of Bengaluru, India, will have exclusive jurisdiction over any disputes arising out of or relating to these Terms, the Website, or the Services.

Grievance Redressal Mechanism

In addition to the contact information provided above, Apnavikas has established a grievance redressal mechanism to address User complaints and concerns. The following terms outline the grievance redressal process:

Grievance Officer: The Grievance Officer is responsible for addressing and resolving User complaints and concerns related to the use of the Website and Services. The Grievance Officer's contact details are provided above.
Submission of Complaints: Users may submit their complaints or concerns in writing to the Grievance Officer using the contact information provided above. The complaint should include a detailed description of the issue, any relevant documents or evidence, and the User's contact information.
Acknowledgment of Complaints: The Grievance Officer will acknowledge receipt of the complaint within 48 hours and will provide the User with an estimated timeframe for resolving the issue.
Investigation and Resolution: The Grievance Officer will investigate the complaint and take appropriate action to resolve the issue. This may include contacting the User for additional information, reviewing relevant documents and evidence, and consulting with other members of the Apnavikas team. The Grievance Officer will endeavour to resolve the complaint within 30 days from the date of receipt.
Communication of Resolution: The Grievance Officer will communicate the resolution of the complaint to the User in writing. If the User is not satisfied with the resolution, they may request a review of the decision by a senior member of the Apnavikas team.

Miscellaneous Provisions

The following additional terms outline miscellaneous provisions applicable to these Terms:

Entire Agreement: These Terms, together with the Privacy Policy and any other agreements or terms incorporated by reference, constitute the entire agreement between you and Apnavikas with respect to the use of the Website and the Services provided therein. These Terms supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and Apnavikas with respect to the Website and Services.
Amendments: Apnavikas may amend these Terms at any time by posting the amended Terms on the Website. Your continued use of the Website following the posting of the amended Terms constitutes your acceptance of the amended Terms. If you do not agree to the amended Terms, you must stop using the Website and Services.
Assignment: You may not assign or transfer any rights or obligations under these Terms without the prior written consent of Apnavikas. Apnavikas may assign or transfer its rights and obligations under these Terms to any third party at its sole discretion and without your consent. Any assignment or transfer in violation of this provision shall be null and void.
Headings: The headings used in these Terms are for convenience only and shall not affect the interpretation of these Terms. The singular includes the plural and vice versa, and references to any gender include references to all other genders.
No Partnership or Agency: Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between you and Apnavikas. Neither Party shall have the authority to bind the other Party or incur any obligations on its behalf without the other's prior written consent.
Third-Party Beneficiaries: These Terms are for the benefit of you and Apnavikas and are not intended to confer any rights or benefits on any third party, and no third party shall have any rights to enforce any provision of these Terms. The exclusion of third-party rights under these Terms does not apply to the rights of any assignee or successor permitted under the Terms.
Waiver: No delay or omission by either Party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of these Terms shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of these Terms may be waived or amended only in writing or mutual agreement of the Parties. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained (whether or not the provision is similar).
Severability: If any term or provision in these Terms is held to be either illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Terms, but the validity and enforceability of the remainder of these Terms shall not be affected. The Parties agree to replace any invalid or unenforceable provision with a valid and enforceable provision that achieves, to the greatest extent possible, the original objectives and intent of the invalid or unenforceable provision.
Governing Language: These Terms are written in English. If these Terms are translated into any other language, the English language text shall prevail.
Contact Information: If you have any questions or concerns about these Terms, the Website, or the Services provided by Apnavikas, please contact us using the following information: Email: apnasupport@apnavikas.com Phone: +919901148503 Postal Address: #40103, Bhuvana Greens, Kasavanahalli Main Road, Bengaluru 560035

Acknowledgment

By using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any other documents incorporated by reference. If you do not agree to these Terms, please do not use the Website or Services.