Terms of service
This document constitutes an electronic record under the Information Technology Act, 2000, and its applicable rules, along with the amendments concerning electronic records in various statutes as modified by the Information Technology Act, 2000. This electronic record is generated through a computer system and does not necessitate any physical or digital signatures. Welcome to APIRA: Privacy!
APIRA offers the content and services accessible through this website, subject to the following Terms and Conditions, our Privacy Policy, Payment Policy, and additional terms, conditions, and policies that you may encounter on our website in relation to specific features, functions, or promotions. These terms and conditions, along with associated documents, collectively constitute the "Terms and Conditions." By accessing or using this website, you acknowledge that you have perused, comprehended, and unreservedly agreed to be bound by these Terms and Conditions. We urge you to carefully review them before proceeding.
Privacy
Please review our privacy policy in order to grasp our privacy practices.
Payment Policy
To understand the purchasing procedures for our products, please consult our Payment Policy.
All international shipping orders may incur local duties applicable in the respective country. Consequently, the customer will be responsible for settling these local duties and taxes.
Products and services for personal use
The products and services featured on this website, including any samples we may furnish, are intended exclusively for personal use. You are prohibited from selling or attempting to resell any of the products, services, or samples obtained from us. We retain the authority, with or without prior notification, to cancel or reduce the quantity of any products or services slated for provision if we believe, at our sole discretion, that this may lead to a breach of our Terms and Conditions.
Intellectual Property
All the information and content accessible on the website, along with its "look and feel," such as trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations, and software, as well as their compilation and organization (collectively, the "Content"), is the property of APIRA, our Affiliates, partners, or licensors. This content is protected by Indian laws, including those governing various forms of intellectual property.
Except as outlined in the limited licenses in Section 6, or as required by applicable law, neither the Content nor any portion of this website may be utilized, replicated, duplicated, sold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our explicit, prior written consent.
Your Obligations and Responsibilities
When accessing or using the APIRA website, you are obligated to comply with these Terms and Conditions and any special warnings or instructions for access or use posted on the website. You must act in accordance with the law, and customary practices, and in good faith at all times. You are prohibited from making any changes or alterations to the website, its content, or any services offered on the website that may compromise the integrity or operation of the website. Without limiting the generality of any other provision of these Terms and Conditions, if you negligently or willfully default on any of the obligations outlined in these Terms and Conditions, you shall be held responsible for all losses and damages that may result from your actions, affecting APIRA, our Affiliates, partners, or licensors.
Special Features, Functionality, and Events
APIRA may introduce specific features, functionalities, or events (such as contests, promotions, or other offerings) that may (a) be subject to additional terms of use, rules, and/or policies, in addition to or in place of these Terms and Conditions, and (b) be provided by us or by third parties. In such cases, we will inform you accordingly, and if you opt to participate in these offerings, you agree to abide by the additional or separate terms of use, rules, and/or policies.
User Content
Whenever you transmit, upload, post, email, or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages, or other materials ("User Content") on the website, you are fully responsible for that User Content. User Content is considered a Submission, as defined in Section 10 above. Therefore, all third parties, not us, bear full responsibility for any User Content they post on the website. You agree not to engage in or assist others in transmitting, uploading, posting, emailing, or otherwise making available User Content that: (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (b) you do not have the right to make available under any law or contractual or fiduciary relationships; (c) is knowingly false, inaccurate, or misleading; (d) you received compensation or any consideration from any third party for; or (e) infringes any patent, trademark, trade secret, copyright, or other proprietary and/or intellectual property rights of any party. Additionally, you agree not to transmit, upload, post, email, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation, or promotional materials, including chain letters, mass mailings, or any form of "spam." You further agree not to: (i) impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity; (ii) "stalk" or harass any third party or advocate for the harassment of others, or harm any third party, including minors; (iii) forge headers or manipulate identifiers to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national, or international law; or (v) collect or store personally identifiable data about other users.
We do not endorse or control the User Content transmitted or posted on the APIRA website, and therefore, we do not guarantee the accuracy, integrity, or quality of User Content. By using this website, you acknowledge that you may be exposed to User Content that may be offensive, indecent, or objectionable to you. We shall not be liable in any way for any User Content, including, without limitation, any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, emailed, or otherwise made available via the website.
You acknowledge that we have the right (though not the obligation) at our sole discretion to refuse to post or remove any User Content, and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable, and we reserve the right to refuse service to any user who violates these Terms and Conditions or infringes upon the rights of others.
Accuracy of Information
While we strive to provide accurate product descriptions on the website, we do not guarantee the accuracy, completeness, reliability, currency, or error-free nature of the product descriptions, colors, information, or other content available on the website, except to the extent required by applicable law.
Limited Licenses
We grant you a limited, revocable, non-exclusive license to access and make personal use of the APIRA website. This limited license does not include the right to (a) frame or employ framing techniques to enclose the website or any portion thereof; (b) republish, redistribute, transmit, sell, license, or download the website or any and/or all Content (except for caching or as necessary to view the website); (c) make any use of the website or any and/or all Content other than personal use; (d) modify, reverse engineer, or create derivative works based on the website or any and/or all Content; (e) collect account information for your own benefit or the benefit of another party; (f) use any meta tags or any other "hidden text" that uses any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the website or affixed to or contained in the website.
Additionally, we grant you a limited, revocable, non-exclusive license to create a hyperlink to the home page of the website for personal, non-commercial use only. Any website that links to the website (i) may link to, but not duplicate, any and/or all of our Content; (ii) may not imply that we endorse such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive, controversial, illegal, or inappropriate for any age group; (v) may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of the website other than the home page. We reserve the right to request the removal of any link to the website, and upon receiving such a request, you must immediately remove the link and cease any linking, unless we have provided separate and express written authorization to resume linking.
Unauthorized use of the APIRA website or any and/or all of our Content automatically terminates the limited licenses outlined in this Section, without prejudice to any other remedies provided by applicable law or these Terms and Conditions.
Third-Party Links
We are not responsible for the content of any off-website pages or any other websites linked to or from the APIRA website. Links provided on this website are solely for convenience and do not constitute an endorsement by us, our affiliates, or our partners of the referenced content, product, service, or supplier. Your decision to link to or from any off-website pages or other websites is made at your own risk. We bear no responsibility for reviewing or evaluating off-website pages or any other websites linked to or from the site, nor do we make any guarantees or warranties regarding their content, products, services, or suppliers, including their privacy policies and terms and conditions. We encourage you to carefully review the terms and conditions and privacy policies of all off-website pages and other websites you visit.
Submissions
Our policy is to decline unsolicited suggestions and ideas. Nevertheless, notwithstanding our policy concerning unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas, or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you grant us the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell, or assign the Submission in any manner we deem fit. This includes copying in whole or in part, creating derivative works from, distributing, and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services. You also acknowledge that your Submission will not be returned, and we may use your Submission, and any ideas, concepts, or know-how contained therein, without remuneration, for any purpose, including, without limitation, developing, manufacturing, distributing, and marketing products.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that your Submission does not contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
Copyright Complaints
We respect the intellectual property of others. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an email or written notice to us, providing the following: (i) identification of the copyrighted work(s) that you claim has been infringed, and that you are the copyright owner or authorized to act on the copyright owner's behalf; (ii) a description of the material you claim is infringing and its location on the website; (iii) your address, telephone number, and email address.
Please note that the above contact information is exclusively for notifying APIRA of potential copyright infringement. All other inquiries will not receive a response through this process and should be directed to our customer service group via email at: support@apira.in
Representations and Warranties and Limitation of Liability
The APIRA website is presented "As Is." We make no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms and Conditions or the site, including, but not limited to, warranties of merchantability, non-infringement, or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort, including negligence, or otherwise), under any circumstances, for any of the following: (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, misdelivery, corruption, destruction, or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the website; (e) computer viruses, system failures, or malfunctions that may occur in connection with your use of the site, including during hyperlinking to or from third-party websites; (f) any inaccuracies or omissions in content; or (g) events beyond our reasonable control.
APIRA personal care products are based on natural and Ayurvedic formulations. While extensive efforts are made to ensure the safety of our products for human use, it is possible that certain ingredients may cause allergic reactions in certain individuals or adversely affect individuals with pre-existing medical conditions. Please familiarize yourself with the ingredients and usage instructions provided with each of our products to ensure their safety for your use. It is your sole responsibility to take appropriate precautions and seek professional medical or dermatological advice before using any of our personal care products if you have allergies. You agree that APIRA will not be held responsible or liable for any product-related issues, including, without limitation, any allergic reactions you may experience from using our products. For any purchases made through APIRA, you will be governed, among other things, by the limitation of liability and disclaimer conditions provided in greater detail on product packaging and leaflets.
Furthermore, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the website or your use thereof, regardless of the form of action, whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed Indian Rupees 2000 only.
You agree that no claims or actions arising from your use of the website or these Terms and Conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.
Indemnification
You agree to defend, indemnify, and hold us harmless for any loss, damages, or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, or demand arising from your use of APIRA or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
Disputes
With respect to any dispute regarding the website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of India. Any disputes, differences, or claims arising from your visit to the APIRA website shall be referred to the sole Arbitrator appointed by the Chairman and Managing Director of APIRA in accordance with the law. The venue of such arbitration shall be in Andheri, Mumbai, India, and the Arbitrator's award shall be final and binding on all parties. No arbitration under these Terms and Conditions shall be joined with an arbitration involving any other party subject to these Terms and Conditions unless separately and expressly authorized in writing by us. If arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the website shall be submitted to an appropriate court or other judicial body in Andheri, Mumbai, India, without prejudice to applicable law and all applicable provisions of this Section. We retain the right to seek injunctive or other appropriate relief in any court if you have, in any way, violated or threatened to violate our intellectual property rights, and you consent to exclusive jurisdiction and venue in such courts.
Consent to receive notices electronically via posting on the website and through email
You consent to receive any agreements, notices, disclosures, and other communications (collectively, "Notices") referred to in these Terms and Conditions electronically, including, but not limited to, by email or by posting notices on this website. You agree that all Notices provided to you electronically satisfy any legal requirement that such communications be in writing in English. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal by emailing us at: support@apira.in and discontinue your use of this website. In such an event, all rights granted to you under these Terms and Conditions, including, but not limited to, the limited licenses outlined in Section 6 hereof, shall automatically terminate. Please note that this consent to receive Notices is separate from any choice you may make regarding the receipt of marketing communications, which is outlined in our Privacy Policy.
General
You acknowledge and agree that these Terms and Conditions constitute the entire agreement between us regarding your use of the website, and they supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, at our sole discretion, to change these Terms and Conditions at any time by posting the changes on the website and providing notice of such change. Any changes are effective immediately upon posting to the site and the release of notice of such change. Your continued use of the website thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You must immediately comply with any termination or other notice, including, if applicable, ceasing all use of the website.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to enforce any provision hereof shall not affect our full right to enforce such provision at any time thereafter, nor shall our waiver of any breach of any provision hereof be deemed a waiver of the provision itself. If any provision of these Terms and Conditions is found to be unenforceable or invalid under any applicable law or by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. These Terms and Conditions shall be modified to the extent possible by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
If you have any questions regarding these Terms and Conditions, please email us at: support@apira.in
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