These Terms of Use ("Terms") govern your use of our website located at https://aapasmein.com and/or the aapasmein mobile application (collectively, the "Platform") made available by Yardantz Business Solutions LLP. Aapasmein is the name of the platform (Website and Mobile Application) wholly owned by the partners of Yardantz Business Solutions LLP. ("aapasmein", "Yardantz", “LLP”, "we", "us" and "our") a limited liability partnership established under the laws of India having its registered office at S.NO.173/1/1A, NISARG GANDH WAKAD, DANG CHOWK, Wakad , Pune City, Pune, Maharashtra, India 411057. The terms "you" and "your" refer to the user of the Platform.
These Terms are to be read with the aapasmein Privacy Policy, aapasmein Cookie Policy, aapasmein Content Policy and aapasmein Community Standards and Guidelines. If you do not agree with the terms and conditions of these Terms, please do not use this Platform.
Our Services (as we have described below in detail) and these Terms are compliant with the Indian Penal Code, 1860, and Information Technology Act, 2000, including all amendments made to it and rules framed under it. When you create an account on our Platform or use our Platform or any of our Services, you accept and agree to these Terms. However, please note that we do not represent that we are compliant with laws of any country apart from India. If you wish to use our Services, please ensure that you are permitted to do so, in your jurisdiction.
You and we are required to follow certain rules while you use our Platform. We have listed these rules in this document. Please read these Terms mentioned here carefully. Do remember that by using our Platform, you agree to these Terms.
CHANGES TO TERMS AND SERVICES
Our Platform is dynamic and may change rapidly. As such, we may change the services we provide at our discretion. We may temporarily, or permanently, stop providing Services or any features to you generally.
We may remove or add functionalities to our Platform and Services without any notice. However, if we make a change where your consent is required, we will make sure to ask for it. Please be sure to keep visiting this page from time to time to stay updated on our latest changes and developments.
Visit this page to see any changes that we may make and services that we may add or modify, from time to time.
WHO MAY USE OUR SERVICES
Our Platform helps you stay in touch with your friends and help you find and connect with people, groups, businesses and others that are important to you. Enable you to participate / join in events / groups and access the Aapasmein marketplace / deals. We show you personalised ads, offers and other sponsored or commercial content to help you discover content, products and services that are offered by the many businesses and organisations that use our services.
You may use our Services only if you are capable of forming a binding agreement with us and are legally permitted to use our Services. You may register and use the platform only as an individual user, you may not accept these Terms on behalf of a company or any legal persons.
When people are at the moral, righteous, ethical and responsible best, only then they can be a positive addition to any community. For this reason, you must note and abide:
- · It is an invitation only platform and in order to register as a user you must receive an invitation to join the platform from the platform or a bonafide existing user.
- · Provide for your account the same name that you use in everyday life.
- · Provide for your account the same name that you use in everyday life.
- · Provide accurate information about yourself;
- · Only create one account (your own) and use it for personal purposes.
- · Not share your password, give access to your aapasmein account to others or transfer your account to anyone else. You may ‘NOT’ use the platform if;
- · You are not a resident citizen of India.
- · You are under 21 years old.
- · You are a convicted offender under civil / criminal law.
- · We've previously disabled / disbarred / removed your account for violations of our Terms, the code of conduct, community policy, content policy or other terms and policies that apply to your use of aapasmein. If we disable your account for a violation of our Terms, the Community Standards or other terms and policies, you agree not to create another account. An account / user once disabled / disbarred / removed from the platform is not allowed back on the platform and any attempt to do so using an alternate number / identity will attract legal implications.
- · You are prohibited from receiving our products, services or software under applicable laws.
YOUR COMMITMENTS
Providing a safe and secure Service for a diverse community requires that we all do our part. In return for our commitment to provide our Services, we require you to make some commitments to us. Please note that you will solely bear the costs and consequences of any actions taken by you on the aapasmein Platform (including any violation of these Terms) along with the commitments given by you below. By using our services, you agree and acknowledge the following:
a. No Impersonation or False Information to be Provided
You are required to use your actual name on our Platform, you are required to input your correct phone number, gender, profession and any other requested detail to use our services. You will not falsely represent yourself as another person or representative of another person to use our services. All inputs marked as compulsory while creating your aapasmein profile must be entered in full and factual form.
b. Device Security
We have implemented measures to ensure that our Platform is secure. However, there is no guarantee that our Platform is immune to hacking and virus attacks. You will ensure that you have requisite anti-malware and antivirus software on your mobile device and computer to ensure its safety. You will not allow any person to use your phone number, and not allow multiple accounts to be linked to your phone number. You will be responsible for all content posted by any account linked to your phone number.
While we do everything, we can to secure your use of our services, keep in mind that we cannot contemplate all forms of attack on our Platform. You should, as a matter of practice, ensure that your mobile device and computer are not used wrongly or tampered with in any way.
c. Content Removal and Termination
Your usage of our Platform is governed by the Aapasmein Content and Community Standards. If any of our users report your content which violates the Aapasmein Content Community Standards, we may remove such content and the said user from our Platform. In the event that multiple reports are made regarding violation of the Aapasmein Content and Community Guidelines, we may be compelled to terminate your account with us and block you from registering with us. If you wish to appeal any such removal, you may write to us at grievance.aapasmein@gmail.com
We may remove any content that is shared on our Platform if such content is prohibited under the Aapasmein Content and Community Guidelines.
d. Platform Not to be Used For Anything Unlawful or Illegal
Our Platform is designed to create and facilitate an extended trust circle for all our users. To this effect, we have developed various inputs to classify the nature of our users. You must therefore, correctly identify and mention the details you provide while creating your profile, placing a request, creating an event, offering a product / service on the platform or using any of the function the platform provides. You shall not, however, use our Platform to share any content / update / request / comment / communication etc. which is obscene, pornographic, harmful for minors, discriminatory, spreading what may be considered as hate speech, inciting any form of violence or hatred against any persons, or violates any laws of India, or is barred from being shared by any laws of India. We reserve the right to remove such content and users from the platform. Please read the Aapasmein Content and Community Standards guidelines for further details.
In addition to the above, please note that we may share your information with appropriate law enforcement authorities if we have good-faith belief that it is reasonably necessary to share your personal data or information in order to comply with any legal obligation or any government request; or to protect the rights or prevent any harm to our property or safety of our users, or public; or to detect, prevent or otherwise address public safety, fraud, security or technical issues. You understand however, that we cannot be held responsible for any actions done by or to you by a third party or user by way of using our Platform.
At aapasmein we have developed this platform with an intent of retracing back to the values inherent in our civilization of conducting meaningful exchange through a trust base ecosystem. Hence, please do not share any content which is illegal or causes any harm to the well-being of members of the society or community.
e. Content Rights and Liabilities
The platform does not allow its users to share videos, music, status updates, and other content on our Platform. Only images can be uploaded while utilising specific functions on the platform. We do not have any ownership over any of the content shared by you and the rights in the content remain only with you. You will not use our Platform to violate or infringe upon our or any third-party’s intellectual property rights. Such content is against Aapasmein Content and Community Guidelines and may be removed from the Platform. Further, if you use any content developed by us, then we shall continue to own the intellectual property rights vested in such content.
By sharing/posting/uploading content using our Services, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You may delete your content and/or account at any point. However, your content may continue to appear on the Platform if it has been shared with others. To learn more about how we use information, and how to control or delete your content, please read the Aapasmein Privacy Policy.
You remain solely responsible for the content you post on our platform. We don not endorse and are not responsible for any content shared or posted on or through our platform, and for any consequences resulting out of sharing or posting such content. The presence of our logo and trademark on any content shared by you does not mean that we have sponsored or endorse your content. We will not be liable for or responsible for any transactions made or entered by you with other users of the platform or advertisers on the platform.You will always have ownership and responsibilities for the content you share and the services you seek from the platform or any of its users or advertisers. We will never claim that we have intellectual property rights over your content, but we will have a zero cost, permanent license to use what you share and post on our Platform.
f. Intermediary Status and No Liability
We are an intermediary as defined under the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These Terms are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing of the rules and regulations, Aapasmein Privacy Policy, and Aapasmein Terms of Use for accessing and using our Platform. Our role is limited to providing a platform for users to upload, share and display content, created or shared by you and other users.
We do not control what you or other people may or may not do on the Platform and are thus, not responsible for the consequences of such actions (whether online or offline). We are not responsible for services and features offered by others, even if you access them through our Services. Our responsibility for anything that happens on our Platform is strictly governed by the laws of India and is limited to that extent. You agree that we will not be responsible for any loss of profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising to you or any other person related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account.
We are an intermediary under Indian law. We do not control what people post on our Platform but we expect everyone to comply with the Aapasmein Content and Community Standards guidelines.
g. You Will Not Attempt to Disrupt or Jeopardize aapasmein services
We have developed a community-driven platform. Therefore, you agree to not interfere with, or use non-public areas of our Platform, services, and our technical delivery system. You will not introduce any trojans, viruses, any other malicious software, any bots or scrape our Platform for any user information. Additionally, you will not probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us. If you tamper or attempt to tamper with our technological design and architecture, we will terminate your user profile and ban you from using our services. We may further report such actions to the appropriate law enforcement authorities and proceed against you with legal actions.
You will not hack into or introduce malicious software of any kind onto our Platform. If you commit such actions, we may remove you from the platform and may report your actions to the police and/or relevant legal authorities.
PERMISSIONS YOU GIVE TO US
You accept these Terms and give us certain permissions so that we can serve you better. Permissions you grant to us are:a. Permission to Share Your Profile Information with Third Parties
While our Platform is a freely accessible and usable platform, we need to generate revenue so that we can keep offering you our Services for free. Pursuant to this, we may share any data that we may collect including but not limited to your username, profile pictures, gender, your usage and engagement habits and patterns on our Platform to show you any sponsored content or advertisements. We will not, however, be liable to pay you any revenue share if you purchase any products / service advertised to you. We do not endorse any products or vouch for the authenticity of the products. Merely advertising of products by the users on our Platform does not amount to an endorsement by us.
If we share any sensitive personal information (as defined under the applicable laws), we will ask you for your consent prior to sharing the same.
b. Automatic Downloads and Updates
We are constantly updating our platform and services offered. To use our platform, you may need to download the Aapasmein mobile application to your mobile device and update it from time to time.
Applications and software are constantly updated for your use and you will need to install the latest version of the Aapasmein mobile application to your mobile device each time such update is generated.
c. Permission to Use Cookies
We may use cookies, pixel tags, web beacons, mobile device IDs, flash cookies and similar files or technologies to collect and store information with respect to your use of the services and third-party websites. Please see the Aapasmein Cookie Policy for more information regarding the use of cookies and other technologies described in this section, including regarding your choices relating to such technologies.
All websites use cookies and store them on your web browser so that usage information can be stored and logged in your browser. For more details, please read the Aapasmein Cookie Policy.
d. Data Retention
We shall have the right to retain certain information regarding your usage of the platform. Please view the Aapasmein Privacy Policy for further information relating to the collection, processing, storage and use of your information by us.
You grant us the right to process, store and retain information relating to you and provided by you. Please see the Privacy Policy for further information.
DISCLAIMER AND RELEASE (under applicable law)
You use our services at your own risk and subject to the following disclaimers. We are providing our services on an “as is” basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not guarantee that any information provided by us is accurate, complete, or useful, that our services will be operational, error free, secure, or safe, or that our services will function without disruptions, delays, or imperfections. We do not control, and are not responsible for, controlling how or when our users use our services or the features, services, and interfaces our services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third-parties. You release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents (together, the “aapasmein parties”) from any claim, complaint, cause of action, controversy, dispute, or damages (together, “claim”), known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third-parties. Your rights with respect to the aapasmein parties are not modified by the foregoing disclaimer if the laws of your country or territory of residence, applicable as a result of your use of our services, do not permit it.
Display of any trademarks, tradenames, logos and other subject matters of intellectual property belong to their respective intellectual property owners. Display of such IP along with the related product information does not imply aapasmein's (Yardantz Business Solutions LLP) partnership with the owner of the Intellectual Property or issuer/manufacturer of such products.
LIMITATION OF LIABILITY
The aapasmein parties will not be liable to you for any lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way in connection with our terms, us, or our services (however caused and on any theory of liability, including negligence), even if the aapasmein parties have been advised of the possibility of such damages.
We do not assume any liability with respect to any loss or damage, arising directly or indirectly due to any inaccuracy or incompleteness of any information or a breach of any warranty or guaranty due to the actions of any user of the Platform.
The Platform and Services, are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. We do not warrant the quality of the Services or the Platform including its uninterrupted, timely, secure or error-free provision, continued compatibility on any device, or correction of any errors.
In no event shall we, or any of our affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, service providers, and suppliers be liable for any special, incidental, punitive, direct, indirect or consequential damages suffered as a consequence of a breach of the Terms by another user or arising out of the use of or the reliance on any of the Services or the Platform.
In the event any exclusion contained herein is held to be invalid for any reason and we or any of our affiliate entities, officers, directors or employees become liable for loss or damage, then, any such liability shall be limited to not exceeding the charges or amounts paid to us for use of the Platform or the Services in the month preceding the date of the claim.
INDEMNIFICATION
If anyone brings a claim ("Third-Party Claim") against us related to your actions, information, or content on aapasmein, or any other use of our services by you, you will, to the maximum extent permitted by applicable law, indemnify, and hold the Aapasmein Parties harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following:
(a) your access to or use of our services, including information and content provided in connection therewith;
(b) your breach of our Terms or applicable law; or
(c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Third-Party Claim. Your rights with respect to Aapasmein are not modified by the foregoing indemnification if the laws of your country or territory of residence, applicable as a result of your use of our services, do not permit it.
You agree to indemnify, defend and hold harmless us, and our subsidiaries, affiliates and agents and their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney's fees) of any kind arising out of: (i) your access to or use of the Platform and Services; (ii) any breach by you of your obligations under this Agreement; (iii) your violation of the rights of any third party, including any infringement of intellectual property, or of any privacy or consumer protection right; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; (v) your negligence or wilful misconduct. This obligation will survive the termination of our Terms.
UNSOLICITED MATERIAL
We always appreciate feedback or other suggestions. We may use the same without any restrictions or obligation to compensate you for them and are under no obligation to keep them confidential.
GENERAL
1. If any aspect of these Terms is unenforceable, the rest will remain in effect.
2. Any amendment or waiver to our Terms must be in writing and authorised by us.
3. If we fail to enforce any aspect of these Terms, including reporting any illegal or impermissible actions to appropriate law enforcement authorities or blocking or suspending your profile, such failure to enforce our rights will not be a waiver by us.
4. We reserve all rights not expressly granted to you.
NOTICE TO USERSThe website aapasmein.com and its mobile application owned and operated by Yardantz Business Solutions LLP offers the portal and the application thereof free of cost to its users and does not ask its users for payment of any nature in order for the user to use the website or application for any products / services offered by its users, partners, partner institutions, individual service providers. The users are also advised not to get lured and be wary of any calls, SMSs, emails, and scam/fake websites deceptively similar to aapasmein.com asking to deposit any processing fees/charges in return for expediting or providing any service / product. Aapasmein (Yardantz Business Solutions LLP) does not bear the onus of any such deceptive acts.