App Pro Tech Solutions Developed Application

TERMS AND CONDITIONS OF SERVICE AND USE

1. GENERAL

App Pro Tech Solutions registered and having its registered office at 5-A/2, IDA, Nacharam, Telangana, 500076, and Head office at Plot# 54, 2-119/54/1F, Road#10, Panchavati Colony, Manikonda, Hyderabad- 500089, hereinafter referred to as the “Company” (where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns).

The Company ensures steady commitment to your usage of the Platform and privacy with regard to the protection of your invaluable information. This document contains information about the App Pro Tech Solutions Developed Application hereinafter referred to as the “Platform”.

2. DEFINITION

For the purpose of these Terms of Use (“Terms”), wherever the context so requires,

3. GENERAL TERMS

i.The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.

ii.The use of this Platform by the Users is solely governed by these Terms of Service and the Privacy Policy, and any modifications or amendments made thereto by the Company, from time to time, at its sole discretion. If you continue to access and use this Platform, you are agreeing to comply with and be bound by the following Terms and Conditions of Use and other Policies mentioned above. The User expressly agrees and acknowledges that these Terms of Service and other Policies are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.

iii.The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User and that the User’s act of visiting any part of the Platform constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.

iv.The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. If the User does not adhere to the changes, they must stop using the Services at once. Their continuous use of the Services will signify your acceptance of the changed terms.

4. SERVICE OVERVIEW

The platform provides the following Services to its User:

5. REGISTRATION

Registration of Users: The Users may register themselves on the platform by providing the following details on the platform:

Additionally, the Users may also be required to provide a delivery address or drop address for fulfilling the promised services. Providing the above-mentioned details is mandatory. However, the Company may employ third Parties as Payment Gateway who may require banking details of the User to make payments on the Platform.

6. PAYMENT GATEWAY

For Users, the Platform will be available to them based on Service fee mutually agreed between the Company and the Owner of the Smart Locker facility. The Owner of the Smart Locker facility shall be the legal person who requested the Company to install the Smart Locker facility in the stipulated place. These owners may be any private legal entity or a governmental body. The User can access the App free of cost. However, to use the Services such as access the smart locker, the User has to pay a subscription fees based on the Master Service Agreement between the Company and the Owner who maintains the facility.

For making all payments for services on the Platform, you shall be required to make payment through third-party platforms such as Razorpay, Phonepe or other third parties that we may have an agreement with. The payment gateway may additionally seek information from you to process the payment for your purchase and additionally may charge you the payment gateway charges that may be applicable. You shall be governed under the concerned payment gateway’s Terms and Conditions and other Policies for the purpose of all payment-related aspects.

7. ELIGIBILITY

1.The User has to be of sound mind and must be capable of making informed decisions after referring to the guides on the Website.

2.In the event of a minor accessing the Website, it would be the responsibility of his immediate guardian to monitor the minor’s use, the platform or the Company will not be liable for any consequences.

8. CONTENT

1.All the Content displayed including but not limited to the illustrations, photographs, one-liners, videos, design and write-ups on the Platform is created by the Company and is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the Company and the copyright owner.

2.The Company may use or incorporate third party tools and services in a collaborative manner to deliver the final result. Hence, all content displayed or placed, including but not limited to illustrations, codes, articles, videos, photographs and write-ups on the platform on behalf of any third party shall be subject to such third party’s copyright and shall not be reused by any party without the prior written consent of the Company and the copyright owner.

3.The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on the Platform. The User shall not copy, adapt, and modify any content without written permission from the Company.

9. INDEMNITY

The Users undertake to indemnify the Platform and keep it indemnified against all proceedings, claims, expenses, and liabilities whatsoever which may be taken or made against or incurred by the Platform or by reasons of the premises for any comments, feedback or any other form of content created by them, which has been published by the Company on the Platform.

10. TERM & TERMINATION

1. These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Services and Platform. A User, may terminate their use of the Services and the Platform at any time by either deleting their account with the platform or by unsubscribing to the services, as the case may be. Non-payment of subscription by the Users shall also be construed as Termination of services.

2.The Company may terminate these Terms without notice and/or suspend or terminate a User’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.

3. Such suspension or termination shall not limit the Company’s right to take any other action against the User that the Company considers appropriate.

4. It is also hereby declared that the Company may discontinue the Services and Platforms without any prior notice.

5.The Company and its members reserve the right, in its sole discretion, to unilaterally terminate the User’s access to the Services, or any portion thereof, at any time, without notice or cause.

11. COMMUNICATION

a.By using this Platform, and providing their identity and contact information to the Company through the Platform, the User and the Vendor hereby agrees and consents to receive calls, e-mails, SMS or any other modes of communication from the Company or any of its representatives at any time.

b.Users can report to the Company any grievances or suggestions that they have through e-mail, if they find any discrepancy with regard to the information generated on the Platform, the Company will take necessary action after an investigation. The response with resolution (if any issues are found) shall be dependent on the time that is taken for investigation.

12. USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT

The User and Vendor agrees and acknowledges that they are a restricted user of this Platform and that they:

Further:

13. BETA SERVICES AND PRODUCTS

The Company may, from time to time, offer access to services that are classified as Beta versions. Access to and use of Beta versions may be subject to additional agreements. The company makes no representations that a Beta version will ever be made generally available and reserves the right to discontinue or modify a Beta version at any time without notice. Beta versions are provided as is, may contain bugs, errors, or other defects, and Your use of a Beta version is at Your sole risk.

14. TECHNICAL IMPROVEMENT

From time to time, Company may need to perform maintenance on or upgrade the Software, Products or Company Websites or the underlying infrastructure that enables you to use the Platform. This may require Company to temporarily suspend or limit your use of some or all of the Platform until such time as this maintenance and/or upgrade can be completed. To the extent possible and unless an intervention is urgently required, Company will publish the time and date of such suspension or limitation on the Company Website in advance. You will not be entitled to claim damages for such suspension or limitation of the use of Platform.

15. INTELLECTUAL PROPERTY RIGHTS

a. Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s Content which includes but is not limited to trade names, trademarks, service marks, logos, domain names, information, design, reports, illustrations, photographs, write-ups, Analytics, Profiles, Tools, Bots, and other distinctive brand features according to the provisions of these Terms.

16. FORCE MAJEURE

Neither the Company nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to a cause beyond its control or without its fault or negligence, due to Force Majeure events illegal or unauthorized, including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy and cheating.

17. NO WARRANTIES

i. You understand and agree that the services are provided "as is" and the company, its affiliates, suppliers, and resellers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. The Company, its affiliates, suppliers and resellers make no warranty or representation regarding the results that may be obtained from the use of the services, regarding the quality, punctuality, service costs, etc., obtained through the services or that the services will meet any user's requirements, or be uninterrupted, timely, secure or error free. Use of the services is at your sole risk. Any material and/or data downloaded or otherwise obtained through the use of the services is at your own discretion and risk. You will be solely responsible for any damage to you resulting from the use of the services. The entire risk arising out of use or performance of the services remains with you. The company does not assume any responsibility for retention of any user information or communications between users. The company cannot guarantee and does not promise any specific results from use of the services. Use is at your own risk. For the purpose of this clause, Services shall include services provided by the Company/Platform and the Vendor. The Company or its affiliates cannot be held liable for any mishap, damages, dissatisfied quality of service by the Vendor.

ii. You understand and agree that you cannot hold the Company liable for theft or loss of package after the door is opened through valid authentication by the User at the Smart Locker Facility. The Company shall be liable for any damage and loss of the package occurred during the period the door is locked by the drop – in person and the door is opened by the Pick up person. Any damage or loss incurred outside this window shall be the User’s responsibility or any other Third Party involved in the transaction.

18. DISPUTE RESOLUTION AND JURISDICTION

19. GRIEVANCES

Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User by emailing to support@appprotech.com.

20. MISCELLANEOUS PROVISIONS