The terms “AOSPL Company” and “USER”, wherever the context requires, are collectively referred to as “Parties”.
The AOSPL Company hereby declares that the AOSPL Company is competent to enter into the contract as per the applicable laws.
The parties are well aware and have full knowledge of all laws, rules, regulations and notifications, applicable to the subject matter hereof and parties undertakes that they shall comply with all the applicable laws in respect of same.
AMENDEMENT/MODIFICATIONS OF TERMS
The USER has given his/her free consent to AOSPL Company to allow the AOSPL Company to disclose users’ personal information to third parties. AOSPL Company may provide to a claims processor or an insurer any necessary information (including contact information of USER) if there is a complaint, dispute or conflict, which may include an accident, involving USER and a third party and such information or data is necessary to resolve the complaint, dispute or conflict. AOSPL Company may also provide any necessary information (including contact information of USER) to a law enforcement agency, statutory body, governmental agency and/or investigative agency if required by law or in furtherance of any investigation involving USER and a third party and such information or data is necessary towards the enquiry/investigation that is being carried out by the said body and/or agency as the case may be.
The said services are made available solely for personal and non-commercial use of the USER, unless AOSPL Company has agreed with USER otherwise in a separate agreement. The USER acknowledges that AOSPL Company provides said services directly and also through independent third party contractors who are not employed by AOSPL Company or any of its affiliates. The USER acknowledges that the Third Party Providers are responsible for the services provided by them to the USER.
THIRD PARTY SERVICES AND CONTENT:
Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if USER accesses the AOSPL e-platform using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the AOSPL e-platform in any manner. The access to the AOSPL e-platform using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
The USER has agreed not to remove any copyright, trademark or other proprietary notices from any portion of the said Services.
The contents of AOSPL e-platform may not be reproduced partially or fully, without due permission from AOSPL Company.
The USER has agreed not to reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the said Services except as expressly permitted by AOSPL Company.
The USER has agreed not to decompile, reverse engineer or disassemble the said Services except as may be permitted by applicable law.
The USER has agreed not to link to, mirror or frame any portion of the said Services.
The USER has agreed not to cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the AOSPL e-platform and/or said Services or unduly burdening or hindering the operation and/or functionality of any aspect of the AOSPL e-platform and/or said Services.
The USER acknowledges that the trademark of AOSPL Company cannot be used in connection with any product or services that is not related to AOSPL Company.
The USER has agreed not to attempt to gain unauthorized access to or impair any aspect of the AOSPL e-platform.
PROVISIONS OF THE SERVICES:
The USER acknowledges that portions of the AOSPL e-platform and/or said Services may be made available under AOSPL’s various brands or request options. The USER also acknowledges that the AOSPL e-platform and/or said Services may be made available under such brands or request options by or in connection with certain of AOSPL’s subsidiaries and affiliates; and/or independent Third Party Providers.
The AOSPL e-platform and all rights therein are and shall remain AOSPL’s property or the property of AOSPL’s licensors. Neither these Terms nor use of the AOSPL e-platform by USER conveys or grants to USER any rights in or related to the AOSPL e-platform except for the limited license granted above.
Further, neither these Terms nor use of the AOSPL e-platform by USER conveys or grants to USER any right to use or reference in any manner AOSPL Company’s names, logos, product and service names, trademarks or services marks or those of AOSPL’s licensors.
The AOSPL Company shall own AOSPL e-platform and all data, information, Software, Applications, other software and other work available on the AOSPL e-platform.
All content included on AOSPL e-platform including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of AOSPL Company or its Licensor. The compilation of all content on AOSPL e-platform is the exclusive property of AOSPL Company. All software used on AOSPL e-platform is the property of AOSPL Company or its software suppliers. All rights in respect of AOSPL e-platform are reserved by the AOSPL Company.
USE OF THE SERVICES
In order to use most aspects of the AOSPL e-platform, USER must register for and maintain an active personal user Services account (hereinafter referred as “said service account”).
USER must be at least 18 years of age, or the age of legal majority in his/her jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise.
Account registration requires USER to submit to AOSPL Company certain personal information, such as name, address, email ID, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). USER has agreed to maintain accurate, complete, and up-to date information in his/her Account. The failure of USER to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in inability of USER to access or use the AOSPL e-platform and/or said Services.
The USER shall be solely responsible for all activity that occurs under his/her Account, and USER has agreed to maintain the security and secrecy of his/her Account username and password at all times.
Unless otherwise permitted by AOSPL Company in writing, USER may only possess one Account.
USER REQUIREMENTS AND CONDUCT
The AOSPL e-platform is not available for use by persons under the age of 18. The USER cannot authorize third parties to use his/her Account, and USER cannot allow persons under the age of 18 to receive said services from Third Party Providers unless they are accompanied by USER. The USER shall not assign or otherwise transfer his/her Account to any other person or entity.
USER has agreed to comply with all applicable laws when accessing or using the AOSPL e-platform, and USER shall access or use the AOSPL e-platform only for lawful purposes.
USER shall not, in your use of AOSPL e-platform and/or said Service, cause nuisance, annoyance, inconvenience, or property damage, whether to AOSPL Company or to the Third Party Provider or any other party. In certain instances USER may be asked to provide proof of identity or other method of identity verification to access or use the AOSPL e-platform and/or said Services, and the USER has agreed that USER may be denied access to or use of the AOSPL e-platform and/or said Services if USER refuses to provide proof of identity or other method of identity verification.
USER, by creating an Account, has agreed that the AOSPL Company may send him/her text (SMS) messages as part of the normal business operation of their use of the Services.
USER may opt-out of receiving text (SMS) messages from AOSPL Company at any time by informing AOSPL Company of his/her decision to stop receiving such text (SMS) messages. The USER acknowledges that opting out of receiving text (SMS) messages may impact use of the AOSPL e-platform and/or said Services.
AOSPL Company may, in AOSPL Company’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the said Services and/or a Third Party Provider’s services, subject to any additional terms that AOSPL establishes on a per promotional code basis (hereinafter referred as “promo codes”). The USER has agreed that promo codes must be used for the intended audience and purpose, and in a lawful manner, and the same may not be duplicated sold or transferred in any manner or made available to the general public whether posted to a public form or otherwise.
NETWORK ACCESS AND DEVICES
The USER is responsible for obtaining the data network access necessary to use the AOSPL e-platform. The mobile network’s data and messaging rates and fees may apply if USER accesses or use the AOSPL e-platform from a wireless-enabled device and USER shall be responsible for such rates and fees. USER is responsible for acquiring and updating compatible hardware or devices necessary to access and use the AOSPL e-platform and any updates thereto.
The AOSPL Company does not guarantee that AOSPL e-platform or any information in respect of said Services, or any portion thereof, will function on any particular hardware or devices. In addition, the information provided under the AOSPL e-platform may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
USER understands that use of the said Services shall result in charges (hereinafter referred as “charges”) to USER for the services he/she receives from AOSPL Company and/or a Third Party Provider through AOSPL e-platform. The USER undertakes to make the payment of charges for availing the said services. In case of availing the services from third party, the AOSPL Company will facilitate your payment of the applicable Charges on behalf of Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by USER to the Third Party Provider. The AOSPL Company shall charge USER a convenience fee (hereinafter referred as “Fee”) in such cases for the Services provided by AOSPL Company to USER.
The charges and/or fee shall be charged from USER at the time of booking of services or upon the completion of service.
The aforesaid charges and fee will be inclusive of applicable taxes where required by law. Charges and Fee paid by USER are final and non-refundable, unless otherwise determined by AOSPL Company or required by the relevant Consumer Law legislation. Under the relevant Consumer Law legislation, the USER may be entitled to a refund for a major failure of the Services, or other remedies for a minor failure. The USER retain the right to request lower Charges or Fee from a Third Party Provider for services received by USER from such Third Party Provider at the time USER receives such services. The AOSPL Company will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service.
All Charges and Fee are due immediately and payment will be facilitated by AOSPL Company using the preferred payment method designated in the Account of USER, after which AOSPL Company will send a receipt to USER by email. If the primary Account payment method of the USER is determined to be expired, invalid or otherwise not able to be charged, the USER has agreed that AOSPL Company may, as also the Third Party Provider’s limited payment collection agent, use a secondary payment method in the Account of USER, if available. As between USER and AOSPL Company, the AOSPL Company reserves the right to establish, remove and/or revise Charges for any or all said services obtainable through the use of AOSPL e-platform at any time in AOSPL’s sole discretion.
Further, AOSPL Company acknowledges and agrees that Charges and Fees applicable in certain geographical areas may increase substantially during times of high demand. AOSPL will use reasonable efforts to inform USER of Charges and Fees that may apply, provided that USER will be responsible for Charges and Fees incurred under his/her Account regardless of his/her awareness of such Charges, Fees or the amounts thereof.
That the USER has specifically agreed that the change in price shall not be considered as manipulation of the price of the goods or services offered on AOSPL e-platform to gain unreasonable profit. That USER has specifically agreed that such change in price shall not be considered as discrimination in any manner, whatsoever.
The AOSPL Company may from time to time provide certain USER with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of AOSPL e-platform, and the USER has agreed that such promotional offers and discounts, unless also made available to him/her, shall have no bearing on his/her use of the said Services or the Charges applied to him/her.
The USER shall be entitled to elect to cancel his/her request for said services at any time prior to service Provider’s arrival, in which case USER may be charged a cancellation fee. Additionally, the applicable taxes (whether direct or indirect) that are liable to be charged/ deducted on cancellation fee will charged to USER by AOSPL Company.
Further, AOSPL Company may from time to time offer subscription packages to USER, wherein, in exchange for monetary consideration, additional benefits such as discounted services may be made available to USER. The said benefits will only be available for a limited period as may be agreed with USER in advance.
The payment structure is intended to fully compensate the Third Party Provider/Service Provider for the services provided through AOSPL e-platform. The AOSPL Company does not designate any portion of payment made by USER as a tip or gratuity to the Third Party/Service Provider. Any representation by AOSPL Company to the effect that tipping is "voluntary," “not required,” and/or “included” in the payments USER makes for services provided is not intended to suggest that AOSPL provides any additional amounts, beyond agreed with concerned Third Party and/or service provider, to the Third Party/service Provider.
USER understands and agrees that, while USER is free to provide additional payment as a gratuity to any Third Party/service Provider who provides USER with said services obtained through the AOSPL e-platform, USER is under no obligation to do so. Gratuities are voluntary. After availing the services through the AOSPL e-platform, USER will have the opportunity to rate his/her experience and leave additional feedback about Third Party Provider/Service Provider. It is clarified that the Charges and Fees shall be made only for the said services provided by the Third Party Provider to USER and/or for the Services provided by AOSPL Company to USER.
Except as required of AOSPL Company under the consumer guarantees, the services are provided "as is" and “as available” basis.
AOSPL Company makes no representations or warranties as to the completeness or accuracy of Information on AOSPL e-platform.
AOSPL Company makes no commitment to update or correct any Information that appears on AOSPL e-platform.
The USER has agreed that the Information is supplied under the AOSPL e-platform upon the condition that the USER receiving the information will make their own determination as to its suitability for their purposes prior to use or in connection with the making of any decision. No Information at AOSPL e-platform shall constitute an invitation/inducement to the said services of AOSPL Company or any third party. Any use of AOSPL e-platform or the Information available on AOSPL e-platform is completely at the own risk of USER. Neither AOSPL Company and its affiliates, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, AOSPL e-platform or the Information, or any website linked to AOSPL e-platform.
Nothing contained herein is to be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and AOSPL Company makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
AOSPL Company and its affiliates attempt to be as accurate as possible. However, AOSPL Company does not warrant that service descriptions or other content of AOSPL e-platform is accurate, complete, reliable, current, or error-free.
The AOSPL Company does not guarantee the quality, suitability, safety or ability in respect of any of said services provided through AOSPL e-platform.
Information that AOSPL Company publishes on AOSPL e-platform may contain references or cross references to AOSPL Company’s products, programs and services that are not announced or available in place/city/country of USER. Such references do not imply that AOSPL Company intends to announce such products, programs or services in place/city/country of USER.
That USER has agreed that the entire risk arising out of use of AOSPL e-platform, and any service requested in connection therewith, remains solely with USER, to the maximum extent permitted under applicable law including the relevant consumer law legislation.
LIMITATION OF LIABILITY
If USER is acquiring/availing the services as a consumer, the liability of AOSPL Company for a failure to comply with a consumer guarantee is limited to the services supplied to USER as part of the services under this agreement.
The AOSPL Company shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of AOSPL e-platform or any of the said services availed through AOSPL e-platform even if AOSPL Company has been advised of the possibility of such damages.
The AOSPL Company shall not be liable for any damages, liability or losses arising out of use of or reliance on the AOSPL e-platform and/or said services or inability of USER to access or use the AOSPL e-platform and/or said services.
The AOSPL Company shall not be liable for any damages, liability or losses arising out of any transaction or relationship between USER and any third party provider, even if AOSPL Company has been advised of the possibility of such damages.
The AOSPL Company shall not be liable for delay or failure in performance resulting from causes beyond reasonable control of AOSPL Company.
In no event shall AOSPL Company’s total liability to USER in connection with the services for all damages, losses and causes of action exceed Rs. 5,000/- (Rupees Five Thousand Only).
AOSPL e-platform may be used by USER to request and schedule home-based services with AOSPL Company and/or third party providers, but USER has agreed that AOSPL Company has no responsibility or liability to USER related to any home-based services provided to USER by third party providers.
The AOSPL Company will maintain a complaints management framework, and will manage this framework also on behalf of third party providers, in a reasonable way and in accordance with the non-excludable requirements of the relevant consumer law legislation. The AOSPL Company has established an adequate grievance redressal mechanism.
The AOSPL Company shall not be responsible for any financial loss or injury to USER in connection with the access to AOSPL e-platform and/or said services. Moreover, the AOSPL Company shall not be liable for any payment to the USER towards any compensation or damages.
THIRD PARTY INTERACTION AND LINKS TO THIRD PARTY SITES/HYPERLINK
During the access to AOSPL e-platform, the USER may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors of the web site. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between USER and the applicable third party. The USER has agreed that AOSPL has no liability, obligation or responsibility for any such correspondence, purchase or promotion between USER and any such third party.
The AOSPL e-platform may be linked to other websites/link on the World Wide Web or otherwise those are not under the control of or maintained by AOSPL Company. Such links do not indicate any responsibility or endorsement on the part of AOSPL Company for the external website concerned, its contents or the links displayed on it. The USER acknowledges that the said links are provided only as a convenience, in order to help him/her find relevant websites, services and/or products that may be of interest to them, quickly and easily and/or facilitate the USER to avail the said Services. The USER acknowledges that it is his/her sole responsibility to decide whether any services and/or products available through any of these websites are suitable for the purposes of USER. AOSPL Company is not responsible for the owners or operators of these websites or for any goods or services they supply or for the content of their websites and does not give or enter into any conditions, warranties or other terms or representations in relation to any of these or accept any liability in relation to any of these (including any liability arising out of any claim that the content of any external web site to which this web site includes a link infringes the intellectual property rights of any third party).
The USER acknowledges that the AOSPL Company is not responsible for the contents and reliability of the linked websites and does not necessarily endorse the views expressed in them. Mere presence of the link or its listing on AOSPL e-platform should not be assumed as endorsement of any kind. AOSPL Company cannot guarantee that these links will work all the time, and AOSPL Company have no control over availability of linked pages.
USER has agreed to indemnify and hold AOSPL Company and its affiliates and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with use of AOSPL e-platform and/or said services and/or said services obtained through AOSPL e-platform by USER.
USER has agreed to indemnify and hold AOSPL Company and its affiliates and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of use of User Content by the AOSPL Company.
USER has agreed to indemnify and hold AOSPL Company and its affiliates and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of violation of the rights of any Third Party/service Providers by USER. It is clarified that the liability of USER under this clause shall be reduced proportionately if, and to the extent that, AOSPL Company directly caused or contributed to any of such Losses.
That any relaxation or indulgence granted by the AOSPL Company to the USER shall not in any way prejudice any of the rights of the AOSPL Company.
AOSPL Company does not routinely monitor postings of USER to the web site but reserves the right to do so. However, in efforts to promote good citizenship within the Internet community, if AOSPL Company becomes aware of inappropriate use of the AOSPL e-platform or any of its Services, AOSPL Company will respond in any way that, in its sole discretion, AOSPL Company deems appropriate. The USER acknowledges that AOSPL Company will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, AOSPL will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the AOSPL e-platform.
The USER acknowledges that unauthorized use of any materials contained on AOSPL e-platform may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. The USER acknowledges that USER alone is responsible for his/her actions or the actions of any person using his/her user name and/or password. As such, the USER shall indemnify and hold AOSPL Company and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party in respect of access to AOSPL e-platform by USER or any person using your name and/or password (including without limitation your participation in the posting areas) which violates any applicable law or regulation, or the rights of any third party.
The USER acknowledges that AOSPL Company may change the format and content of AOSPL e-platform and/or said services at any time.
The USER acknowledges that AOSPL Company may suspend the operation of AOSPL e-platform for support or maintenance work, in order to update the content or for any other reason at any time without any prior notice/intimation/information.
AOSPL Company reserves all other rights
It is clarified that nothing in this clause limits rights of USER as a consumer that cannot be excluded under applicable law, including the relevant Consumer Law legislation.
The AOSPL Company and its affiliates operate a complaints process to allow USER to make complaints about AOSPL Company or Third Party/Service Providers, and AOSPL Company and its affiliates also manage applicable refunds to USER in relation to those complaints.
AOSPL Company and its affiliates will operate this complaints process in a reasonable manner.
USER has agreed and acknowledged that USER must raise any Dispute with respect to the AOSPL e-platform and/or the said Services or the said services provided by a Third Party/Service Provider as soon as is practicable, but no later than 48 hours from the time the Dispute arises. If USER fails to raise a Dispute within 48 hours from the initial occurrence of such Dispute, AOSPL Company shall be under no obligation to resolve such Dispute. If a Dispute is reported more than 48 hours after the initial occurrence of the Dispute, the AOSPL Company shall in its sole discretion choose whether or not to attempt resolution of the Dispute.
In addition, USER may have rights to make a complaint to fair trading or consumer law bodies in relation to applicable consumer laws, including the non-excludable portions of the relevant Consumer Law legislation.
The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply in respect of any transaction arises in pursuant to the AOSPL e-platform.
Claims of copyright infringement should be sent to email@example.com
For the purposes of Consumer Protection Act, 2019 and rules and regulations there-under, the customer care for contact of AOSPL Company shall be:
Mr. Shitiz Saluja
Phone: +91 011 44004555
For the purposes of Consumer Protection Act, 2019 and rules and regulations there-under, the grievance officer/nodal person/customer care for contact of AOSPL Company shall be:
Mr. Raj Kapoor
Designation: Sr. Manager - HR & Compliance
Phone: +91 011 44004501
Timings: 10 AM – 5 PM, Monday-Friday, excluding public holidays
AOSPL may give notice by means of a general notice on the AOSPL e-platform or electronic mail to email address of USER or by written communication sent to address of USER as set forth in his/her Account.
USER may give notice to AOSPL Company by email to AOSPL Company at firstname.lastname@example.org