1.2) This associate’s electronic record beneath data Technology Act, 2000 and all the rules are applicable. The amended provisions touching on electronic records in varied statutes as amended by the data Technology Act, 2000. This document doesn’t need any physical or digital signature because it is generated by a computing system.
Here terms like ‘You’ & ‘User’ are used for any legal individual or entity accessing or using the services which are provided on this Site, who is capable to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872
The terms ‘We’, ‘Us’& ‘Our’ shall mean the Site and/or the Company as the framework so requires.
The terms ‘Party’ & ‘Parties’ will congruently be used to refer to the User and the Company individually and together, as the context so requires.
1.4) The domain name apkatax.com (“Site”), is maintained and operated by UPH APKATAX Private Limited and having its registered office at 2nd Floor Plot No-17 & 18, Kaushambi, Ghaziabad, Uttar Pradesh where such expression shall, unless repugnant to the context thereof, be considered to include its respective legislatures, administrators, employees, directors, officers, negotiators and their successors and assigns.
1.5) The titles are given to each section in this Policy. This is done only for the purpose of forming the numerous provisions of this Policy in an arranged means. The party cannot practice it to interpret the provisions cover herein in any way. Further, it is explicitly agreed by the Parties that the titles shall have no legal or contractual worth.
1.1) The User indubitably agrees with all the Terms and Policy which legally bind the User and the Company, and that the User will stand by the rules, guidelines, policies, terms, and conditions applicable to any of the services that are provided by the Site, and that the same is applied with the Terms, and shall be treated as share and parcel of the same. The User understands and accepts that no signature or express act is needed to make these Terms and the Policy to bind the User. Under the User’s act, the User can visit any part of the Site with the acceptance of the Policy and the above-mentioned Terms.
1.2) It is agreed by all the parties that a Site/Company has all the privileges to make an alteration in any of the policy and terms declared before without any previous announcement to User/Users. The User accepts that any alteration or amendment can be made directly. It is User’s accountability to keep him/her updated with all the Policy and Terms. If the User remains to use the Site following such a change, the User will be considered to have agreed to any and all alterations/amendments made to the Policy and Terms. In so far as the User obeys with the Policy and Terms, he/she is granted an individual, non-exclusive, non-transferable, revocable, limited privilege to enter/access and use the Site.
2. PERSONAL AND OTHER INFORMATION COLLECTION
2.1) There is certain info which is tracked automatically by the Site/Company about the User like User’s IP address and User’s actions on Site. This info can be used by Site/Company to do an internal study on user demographics, interests, and behavior, to enable the Site/Company to be better understandable. The User agrees that such info may contain the URL that the User visited previously before accessing the Site, the URL which the User subsequently visits (whether or not these URLs from a portion of the Site), the User’s PC & browser information, the User’s IP address, etc.
2.2) It is being agreed by the User that the individual information is composed and kept by the company, which is shared by the User from time to time on Site but not limited to the User’s username, passwords, mail address, name, address, age, DOB, gender, nationality, purchasing preferences, surfing history, etc., as well as any pictures or additional information uploaded/published by the User on the Site. The Site/Company uses this info which is agreed by the User to offer the services. The User’s need is satisfied therefore. This info is used by the Site/Company to enhance the portal to make it safer and easier for the User.
2.3) The User is aware that if any info which is provided by User whether it is sent message/ assessment/advice anywhere on Site can be used by the Site/Company to benefit out the User in each possible way in future. This reserved information can be utilized to resolve arguments, offer customer support, troubleshoot difficulties and much other and that such info, if requested, may be provided to judicial or governmental authorities of requisite jurisdiction, or then used by the Site/Company as allowed by applicable laws.
2.4) If any User selects to buy any product or services from the Site/Company, the User is permitting the Site/Company to gather the individual information of the User.
2.5) All the info whether it is individual or any other like mails or letters or any pieces of advice from other users or third party about the User’s activities or posting on Sites is collected or assembled by the company and is gathered in a file or folder by the Site/Company. The User is aware of all this info.
2.6) There are certain online studies which are optional and Site/Company can request the User to complete those studies. Sometimes these studies might request the User to provide the contact information and demographic information (like zip code, age, income bracket, gender, etc.). This information is used to modify the Site for the profit of the User, and providing all users of the Site with products/services/content that the Site/Company believes they might be attentive in availing of, and also to show content according to the User’s partialities, the user is aware of all this.
2.7) A User/Users can browse a Site without providing any info to the Site/Company but for certain actions and area, the User has to offer certain info for registration such as placing an order. The User is aware that the info provided to the Site/Company can be used to send the User offers and promotions whether or not based on the User’s earlier orders and interests, and the User hereby specifically agrees to accept the same.
2.8) The information like content/analyses/studies/feedback which is submitted by the User to Site/Company cannot be a store, upload, publish or show in any way. The User approves the Site/Company to eliminate any such content, analysis, study or feedback from Site which has been submitted by User, without reason or being compulsory to inform the User of the same.
2.9) The Site/Company may inquire or request the User to offer the reviews for the products/services which are purchased/availed by the User from Site. The User is aware that such reviews will benefit other users of the Site make prudent and right buying, and also benefit the Site/Company eliminate vendors whose products are substandard in any method, and the User hereby specifically allows the Site/Company to circulate any and all reviews written by the User on the Site, along with the User’s name and certain contact details, for the assistance and use of other Users of the Site.
3.1) A cookie is an info which is being stored on storage devices by Site so that it can recollect something about the User later time. The User is aware that this info that is Cookie is stored by the Site/Company to practice it later if needed and that cookies are beneficial for allowing the browser to remember info explicit to a given user, including but not restricted to a User’s login credentials, password, etc. Site installs permanent and temporary cookies in User’s hard disk and browser and the User is aware of it and does hereby specifically agrees to the same.
3.2) Besides this, the User is aware that He/she might face other data gathering devices like cookies on certain pages which are installed by third parties or associates on the Site. The User recognizes and admits that the Site/Company is not accountable as they do not regulate the use of such cookies/other devices by third parties and the User undertakes any and all risks in this regard.
4. PERSONAL INFORMATION SHARING
4.1) The Site/Company can share the individual information of User to distinguish and avoid identity theft, fraud, and other prohibited acts. This info can be shared with business entities and associates to help them; correlate related or numerous accounts to stop misuse of the Site’s services; and to facilitate joint or co-branded services, where such services are provided by additional than one business entity. The User is cognizant of it.
4.2) If a Site/Company merges with other Site/Company or in the occasion of reorganization, amalgamation or rebuilding of the Company’s business, the Site/Company can share the individual info of User if needed. Such commercial entity or new entity will stay to be bound by the Terms and Policy, as may be modified from time to time.
4.3) The Site/Company has right to release the individual information of User if needed to do so by law or if the Site/Company believes that such exposure is reasonably essential to respond to subpoenas, court orders, or other legal processes. This information can also be revealed to law implementation offices, third party privileges owners, or other third parties if it believes that such expose is reasonably essential to enforce the Terms or Policy; respond to claims that an advertisement, posting or alternative content disrupts the privileges of a third party; or shelter the rights, property or individual safety of its users, or the general public.
All the transactions which are completed on the Site are safe and protected. No info is revealed while making the transaction on the Site as it is encrypted to protect the User against accidental disclosure to third parties. Any info related to the User’s credit and debit card is not received, stored by or reserved by the Company / Site in any manner. This info is provided by the User directly to the payment gateway which is authorized to handle the info provided and is compliant with the rules and requirements of numerous banks and organizations and payment franchisees that it is linked with.
6. PROMOTIONS/ THIRD PARTY ADVERTISEMENTS
The third-party advertising corporations are used to serve ads to the users of the Site. These corporations might use the info linked to the User’s visit to the Site and other Sites in order to offer advertisements to the User. The Site might cover links to other Sites also that might accumulate individual information about the User. The Site/Company is not at all accountable for the privacy or the content of any of the associated Sites. The User agrees that the risks associated will be borne completely by the User.
7. USER’S CONSENT
By using the Site and/ or by providing info to the Company through the Site, the User agrees to the collection and use of the info revealed by the User on the Site in agreement with this Policy, including but not limited to the User’s agreement the Site/Company sharing/divulging the User’s information,
8. JURISDICTION & DISPUTE RESOLUTION
Any disagreement associated with formation, clarification, and performance of this Policy will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is agreed by the Revelries. It is further agreed to by the Revelries that the contents of this Section will survive even after the termination or expiry of the Policy and/or Terms.
8.1) Mediation: If there would be any dispute among the parties, the Parties will attempt to resolve the dispute between themselves, with the common satisfaction of both Parties. If the Parties are unable to resolve the dispute among themselves within the period of thirty (30) days of one Party communicating the presence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;
8.2) Arbitration: If the Revelries are incompetent to resolve the dispute between them through Mediation, then it will be shifted forward to the Arbitration by a sole authority to be appointed by the Company. The order passed by the sole arbitrator will be effective and compulsory on both Parties. The costs of proceedings will be beard by the Parties, while the sole arbitrator may, in his/her sole discretion, direct either Party to tolerate the whole cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Maharashtra, India.
The Terms, Policy and any other agreements among the Parties are governed by the laws, rules, and regulations of India and it is agreed by the Parties. The Courts at Delhi shall have private jurisdiction over any disputes arising between the Parties.