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This Terms of Use agreement is effective as of:1st November 2019.
5Star Apni Seva Pvt Ltd ("Apni Seva"), primarily operates, controls and manages the Services (as defined below) provided by it from its corporate office at Plot No. 84, Basement, Kiran Plaza, District Centre, Chandrasekharpur, Bhubaneswar, Odisha, India, Pin-751016.
PLEASE READ THE TERMS OF USE THOROUGHLY AND CAREFULLY. The terms and conditions set forth below ("Terms of Use") and the Privacy Policy (as defined below) constitute a legally-binding agreement between Apni Seva operating from its Bhubaneswar Corporate Office and you. These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in (i) the Apni Seva website/app and mobile application, including the classified advertisements, forums, various email functions and Internet links, and all content and Apni Seva services available through the domain and sub-domains of Apni Seva located at www.apniseva.com (collectively referred to herein as the "Website/app"), and (ii) the online transactions between those users of the Website/app who are offering services (each, a "Service Professional") and those users of the Website/app who are obtaining services (each, a "Service User") through the Website/app (such services, collectively, the "Services"). The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Website/app, including users who are also contributors of video content, information, private and public messages, advertisements, and other materials or Services on the Website/app.
The Website/app is owned and operated by 5Star Apni Seva Pvt. Ltd.
You acknowledge that the Website/app serves as a venue for the online distribution and publication of user submitted information between Service Professionals and Service Users, and, by using, visiting, registering for, and/or otherwise participating in this Website/app, including the Services presented, promoted, and displayed on the Website/app, and by clicking on "I have read and agree to the terms of use," you hereby certify that: (1) you are either a Service Professional or a prospective Service User, (2) you have the authority to enter into these Terms of Use, (3) you authorize the transfer of payment for Services requested through the use of the Website/app, and (4) you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein. If you do not so agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the Website/app. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in this Website/app immediately.
YOU SPECIFICALLY AGREE THAT BY USING THE WEBSITE/APP, YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT.
All references to "you" or "your," as applicable, mean the person that accesses, uses, and/or participates in the Website/app in any manner. If you use the Website/app or open an Account (as defined below) on behalf of a business, you represent and warrant that you have the authority to bind that business and your acceptance of the Terms of Use will be deemed an acceptance by that business and "you" and "your" herein shall refer to that business.
Apni Seva hereby grants you a non-exclusive, revocable license to use the Website/app as set forth in the Terms of Use; provided, however, that (i) you will not copy, distribute, or make derivative works of the Website/app in any medium without Apni Seva's prior written consent; (ii) you will not alter or modify any part of the Website/app other than as may be reasonably necessary to use the Website/app for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.
Use of the Website/app is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Website/app and Services offered through this Website/app do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations.
You need not register with Apni Seva to simply visit and view the Website/app, but to access and participate in certain features of the Website/app, you will need to create a password-protected account ("Account"). To create an account, you must submit your name and email address through the account registration page on the Website/app and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to Apni Seva in providing you with a more customized experience when using the Website/app.
You are solely responsible for safeguarding your Apni Seva password and, if applicable and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify Apni Seva immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without Apni Seva's permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Website/app and/or the Services offered through the Website/app.
You hereby expressly acknowledge and agree that you yourself and not Apni Seva will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Apni Seva or others due to such unauthorized use.
An Account holder is sometimes referred to herein as a "Registered User."
You acknowledge and agree that you shall comply with the following policies (the "Account Policies"):
You will not copy or distribute any part of the Website/app in any medium without Apni Seva's prior written authorization.
You will not alter or modify any part of the Website/app other than as may be reasonably necessary to use the Website/app for its intended purpose.
You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.
You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Website/app for any purpose without Apni Seva's prior written approval.
You shall not in any manual or automated manner collect Service Professionals or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website/app information or content, including but not limited to, use on a "mirrored", competitive, or third party site.
You shall not in any way that transmits more request messages to the Apni Seva servers, or any server of a Apni Seva subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Apni Seva reserves the right to revoke these exceptions either generally or in specific cases.
You shall not recruit, solicit, or contact in any form Service Professionals or Service Users for employment or contracting for a business not affiliated with Apni Seva without express written permission from Apni Seva.
You shall not take any action that (i) unreasonably encumbers or, in Apni Seva's sole discretion, may unreasonably encumber the Website/app's infrastructure; (ii) interferes or attempts to interfere with the proper working of the Website/app or any third-party participation in the Website/app; or (iii) bypasses Apni Seva's measures that are used to prevent or restrict access to the Website/app.
You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website/app, nor to use the communication systems provided by the Website/app for any commercial solicitation purposes.
Your access to, use of, and participation in the Website/app is subject to the Terms of Use and all applicable Apni seva regulations, guidelines and additional policies that Apni Seva may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that Apni Seva publishes on the Website/app (the "Additional Policies"). You hereby agree to comply with the Additional Policies and your obligations thereunder at all times. You hereby acknowledge and agree that if you fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, including the Account Policies, membership eligibility criteria or Additional Policies, Apni Seva, in its sole discretion, may terminate your Account at any time without prior notice to you as well as initiate appropriate legal proceedings, if necessary.
You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website/app, including your profile ("Profile"), the posting of your Service ("Offer"), the posting of your desired Service ("Want"), or the posting of any opinions or reviews in connection with the Website/app, the Service, the Service Professional, or the Service User ("Feedback") (all of the foregoing content is sometimes collectively referred to herein as "Submitted Content" and the posting of Submitted Content is sometimes referred to as a "Posting" or as "Postings") that:
misrepresents the source of anything you post, including impersonation of another individual or entity or any false or inaccurate biographical information for any Service Professionals; provides or create links to external sites that violate the Terms of Use; is intended to harm or exploit any individual under the age of 18 ("Minor") in any way; is designed to solicit, or collect personally identifiable information of any Minor, including, but not limited to, name, email address, home address, phone number, or the name of his or her school;
invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
contains falsehoods or misrepresentations that could damage Apni Seva or any third party;
is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Apni Seva all of the license rights granted herein;
contains or promotes an illegal or unauthorized copy of another person's copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another's copyright, intellectual property right, or any other proprietary right;
is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
intends to harm or disrupt another user's computer or would allow others to illegally access software or bypass security on website/apps or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a Apni Seva employee, agent, manager, host, another user, or any other person though any means;
advertises or solicits a business not related to or appropriate for the Website/app (as determined by Apni Seva in its sole discretion);
contains or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement;
contains advertising for ponzi schemes, discount cards, credit counselling, online surveys or online contests;
distributes or contains viruses or any other technologies that may harm Apni Seva, or the interests or property of Apni Seva users
contains links to commercial services or website/apps, except as allowed pursuant to the Terms of Use;is non-local or irrelevant content;
contains identical content to other open Postings you have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of Apni Seva.
