Banglore - 560055
E-mail : firstname.lastname@example.org
IMPORTANT NOTICE - TERMS and CONDITIONS
You are entering a secured website. Any unauthorized access, modification or impairment to the contents of this website is a serious crime and any such action or attempt by you will result in the commencement of legal action and prosecution against you fully provided under law. Such legal action shall include criminal prosecution and action for recovery of loss and damage pursuant to any unlawful and/or illegal activities perpetrated.
The team supervisor may be contacted as follows: by email at email@example.com ----------------- ------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------
1 LEGAL AND BINDING AGREEMENT
1.1.2 As these terms form a binding contract with you, these Terms are important, and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us through our Call Center:
Telephone: or firstname.lastname@example.org
By using the Site, you acknowledge and agree that:
1.2.1 you have had sufficient opportunity to read and understand these Terms and you agree to be bound by them, including but not limited to the Program Terms. If you do not agree to these Terms, you may not use the Site.
1.2.2 as allowed under s56 of the Sale of Goods Act any implied duty or liability is negated in favor of APPWINGZ, as these Terms record our agreement.
2 DEFINITIONS AND INTERPRETATION
In these Terms, unless the context indicates otherwise:
2.1.1 Chain of Integrity Standard means, in respect of APPWINGZ, that the PRODUCT sold by APPWINGZ is produced by third party who are members of an external organization, being third party, who adhere to domestic benchmark for quality and technical specification in the production of product.
2.1.2 Customer means each legally responsible person who has registered for a Customer Account through the Company’s Website and has satisfactorily completed the verification requirements of the Customer Acceptance Policy.
2.1.3 Customer Acceptance Policy or “CAP” means the Customer Acceptance Policy that appears on the Company’s Website as amended from time to time, which policy forms a material part of these Terms.
2.1.4 APPWINGZ.IN is a duly incorporated company in INDIA.
2.1.5 APPWINGZ.IN, is a duly incorporated, limited liability company registered in INDIA and which holds a license from Ministry of Corporate Affairs to trade lawfully utilizing the brand name and systems owned by APPWINGZ.COM
2.1.6 APPWINGZ.IN or the Company or we or us means APPWINGZ Online licensee, being domestic I APPWINGZ Online and subject only to Sub-Clause 19.1.7.
2.1.7 APPWINGZ Account (or Customer Account) means the online account being an electronic record opened by you with us on this Site as set out in Sections 8 to 16, in accordance with the provisions of these Terms, and in compliance with our Customer Acceptance Policy.
2.1.8 APPWINGZ Store means the online, electronic store available through the Site (appwingzmultidiscountcard.com, appwingzholidays.com and studykaro.co) as further described in these Terms, access to which is set out in Section 8.
2.1.9 APPWINGZ Program Terms or Program Terms means the terms that govern APPWINGZ’s proprietary rewards programs.
2.1.10 APPWINGZ Products means the client’s personal selection of products that is subsequently created by the Company with the Third Party for the Total Set Price (see the Preliminary Invoice under sub-clause 2.1.15).
2.1.11 Message Box means the secure electronic communication tool available for use by you in your APPWINGZ Online Account and accessible via the Site.
2.1.12 Order means a request by you via your APPWINGZ Online Account to buy the said products from the company’s website www.APPWINGZ.in
2.1.13 Password means the alphanumeric string of at least eight characters in length with at least one number and one letter that is used by you to access your Customer Account (refer sub- clauses 8.2.2 and 8.2.3).
2.1.15 Preliminary Invoice means the invoice regarding the APPWINGZ.IN, issued by the Company to the Customer after the registration of the Customer’s Account is completed.
2.1.16 Table of Fees means comprehensive table in which are reflected all fees and charges, that are due to be paid by the Customer to the Company in accordance with this Agreement other than those set in the Program Terms. The Table of Fees shall be annexed to this Agreement, constitutes an integral part, and shall be published on the Company’s Website, including all changes and amendments (Refer Schedule 1).
2.1.18 You or Yours includes any person or persons using the Site.
2.2.1 Clauses: references to Sections, Clauses, Sub-Clauses, Paragraphs or Sub-Paragraphs are references to this Deed’s Sections, Clauses, Sub-Clauses, Paragraphs or Sub-Paragraphs.
2.2.2 Defined Expressions: expressions defined in the main body of these Terms have the defined meaning in the whole of these Terms including the background, and expressions defined in the Program Terms apply to these Terms where relevant.
2.2.3 Headings: clause and other headings are for ease of reference only and do not form any part of the context or affect these Terms’ interpretation.
2.2.4 Negative Obligations: any obligation not to do anything includes an obligation not to suffer, permit or cause that thing to be done.
2.2.5 No Limitation: references to anything of a nature either before or after a general statement do not limit the general statement unless the context requires.
2.2.6 Parties: references to parties are references to parties to these Terms.
2.2.7 Persons: references to persons include references to individuals, companies, corporations, firms, partnerships, joint ventures, associations, organizations, trusts, states or agencies of state, government departments, state owned enterprises and municipal authorities in each case whether having separate legal personality.
2.2.8 Plural and Singular: singular words include the plural and vice versa.
2.2.9 Statutes and Regulations: references to any statutory provision include any statutory provision which amends or replaces it, and any subordinate legislation made under it.
3 LICENSES TO USE SITE
3.1.1 In consideration of You agreeing to be bound by these Terms, you may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.
3.1.2 You must not add any content to the Site: unless you hold all necessary rights, licenses and consents to do so; that would cause you or us to breach any law, regulation, rule, code or other legal obligation; that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
that would bring us, or the Site, into disrepute; or that infringes the intellectual property or other rights of any person; and you indemnify APPWINGZ and severally, accordingly.
The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
You acknowledge and agree that:
We retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time at our sole discretion;
the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes); and
APPWINGZ retains ownership of the Site, including any variations; improvements; and developments.
In consideration of use of the Site, and being granted a username and password you further covenant that: -
whilst a member either personally or through any other company, partnership, joint venture, trust or otherwise be directly or indirectly interested or concerned in any business organization which carries on anywhere within the territory any competitive business; and
you shall not directly or indirectly solicit, canvass or entice any employee or customer away from APPWINGZ or any subsidiary or licensee of APPWINGZ.
you may not under any circumstance copy any Intellectual Property, compete with APPWINGZ.
4 INTELLECTUAL PROPERTY RIGHTS
4.1.1 Nothing in these Terms constitutes a transfer of any intellectual property rights from APPWINGZ to you. You acknowledge and agree that, as between you and us, APPWINGZ owns all intellectual property rights in the Site; and the use of the words APPWINGZ.IN
4.1.2 By posting or adding any content onto the Site, you grant APPWINGZ a perpetual, non- exclusive, royalty-free, irrevocable, worldwide and transferable right and license to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit APPWINGZ to authorize any other person to do the same at their discretion.
If you add any content in which any third party has rights, you must also ensure that the third party also consents in the same manner.
Your undertakings under clause 3.3 and the license in sub-clause 4.1.2 and clause 4.2 will each survive any termination of these Terms.
4.4.1 You represent and warrant to us that you:
have all necessary rights to grant the licenses and consents set out in sub-clause 4.1.2 and clause 4.2 and hold us harmless accordingly.
have read these Terms; are 18 years of age or older; have the legal capacity to enter these Terms and to be bound by them in your jurisdiction; and
you have complied with sub-clause 3.1.2.
4.4.2 You further undertake to comply with all relevant laws of any territory in which you are a citizen or a resident from time to time, and of any other territory from which you access the Website, including, without limitation, the laws of INDIA.
5 EXCLUSIONS OF LIABILITY
To the full extent permitted by law, we exclude all:
liability in respect of interruption of business or any consequential or incidental damages including with respect to use of the website.
representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
liability for errors, negligence, delay or inability to execute orders to make Payments. Any requests are processed by us on a best effort basis.
5.2 Legislative Considerations
These Terms are to be read subject to any legislation, which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
in the case of goods: the replacement of the goods or the supply of equivalent goods.
in the case of services:
the supply of the services again; or
the payment of the cost of having the services supplied again.
6.1 Our policy
6.2 Personal data
6.2.1 The procedure of Personal data processing and protection is regulated by the "Data protection policy", that is developed in accordance with Regulation on the protection of natural persons about the processing of personal data and on the free movement of such data and repealing Directive (General Data Protection Regulation).
6.2.2 We may collect Personal data from you in several ways. For example, we collect personal information from you when you:
Register and set up an account;
Participate in a course or services offered by us;
Interact in our forums or networking sites; or
Contact us by email for any reason.
6.2.3 If you make any purchases from us or through our service, billing information may be required. All such transactions are fully encrypted, and your billing information is collected and stored by us or a trusted third party. Any third-party vendor will be prohibited from using this information for any purpose other than storing the billing details.
6.2.4 Some of the information we collect may be collected automatically by use of a “cookie”. Cookies are small text files that reside on your computer and identify you as a unique user. Cookies enable us to monitor your progress throughout our services and track your status when ordering products from us. You can choose to set your browser to reject cookies or you can manually delete individual or all the cookies on your computer by following your browser’s help file directions. However, this may result in you having trouble accessing and using some of our pages and features from our service.
6.2.5 We use the Personal Information that we collect to complete a contact or request, to provide our service, to better understand your needs, to further our marketing, to improve our products and services, and to contact you. The Personal Information held by us may be necessary to enable us to deliver our service to you and to comply with our legal obligations. If we are not provided with Personal Information, we may be unable to deliver, or unable to deliver in full, our service to you.
6.3 Authorizations, Access and Alterations
6.3.1 In the event that APPWINGZ become aware or reasonably believe that you are involved in activities which are illegal in any jurisdiction which we consider relevant (at our absolute discretion), then we reserve the right to co-operate fully with government agencies in any part of the world and will not be bound by any duty of confidentiality to you.
6.3.2 We have taken steps, by such security safeguards as it is reasonable in the circumstances to take, to ensure that Personal data we hold under our control is protected against:
Access, use, modification, or disclosure, except with our authority.
6.3.3 Your account information is accessible online only using a password. To protect the confidentiality of Personal data, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of our service by any person using your password. Please notify us immediately if you believe your password has been misused.
7 TERMINATIONS OF TERMS
These Terms terminate automatically if, for any reason, we permanently cease to operate the Site. For the sake of clarity, this does not include any interruptions (such as maintenance), assignments, novation’s or a lack of ability to access the Site.
8 APPWINGZ ONLINE STORE ACCESS AND USE
8.1.1 APPWINGZ Online Store access is granted on an individual basis and controlled by your access username and password. To create a Customer Account with us, you must comply with our Customer Acceptance Policy including a requirement to verify your identity and your residential address.
A new customer account cannot be created until this information is provided.
8.1.2 Through the APPWINGZ Online Store you can access your products and services provided by us or our related companies.
8.1.3 Through the APPWINGZ Online Store you will be able to access:
products where you are sole signatory, and
joint products where you are authorized to operate the product alone.
8.2 Opening a Customer Account
8.2.1 Upon your satisfying our Customer Acceptance Policy, we will open a Customer Account for you, which will be allocated a unique number and be accessible electronically by you; provide you with a Message Box for communication; and hold an electronic record of the following:
the quantity and the weight of the Product that belongs to you and is held by our licensed Third-party provider on your behalf;
the quantity of any Registered Products that are registered in your name as a Customer together with corresponding serial numbers;
any Funds on Account held on your behalf;
transactions between you (as Customer) and the Company; and
Fees charged by the Company for services provided.
8.2.2 When you register with APPWINGZ Online Store we will provide you with an access and a username. In addition, the first time you sign on to the APPWINGZ Online Store you will need to select a personal password that is easy for you to remember but difficult for anyone else to guess.
8.2.3 Similarly if your APPWINGZ Online Store password is known, or you suspect it is known, by another person or there has been any unauthorized access or activity on your products you must notify us immediately by contacting our call center on Tel.: or e-Mail: email@example.com
8.3.1 You are responsible for all transactions and instructions, which have been authorized by use of your APPWINGZ Online Store password.
8.3.2 We will have no obligation to verify any instruction given to us through your APPWINGZ Online Store account.
8.3.3 Concerning your Account or any other matter related to this Agreement, you may securely contact the Company via your Message Box. You receive communications from the Company in the same way. You shall be deemed to have received a message posted in your Customer’s Message Box on the day that it was posted. An e-mail notification is also sent to the Customer’s Email Address each time a message is posted in your Message Box, which shall be deemed to have been received on the day on which it is sent in accordance with this clause.
8.4 Contact and Communication
8.4.1 You acknowledge that the primary method for accessing your account and communicating with us is through the Internet. It is your responsibility to make sure that you have appropriate Internet access if you wish to use the Service.
8.4.2 It is your responsibility to inform us of any changes to your email address, telephone number, postal address, physical address, bank account details, or any other relevant information. We accept no liability for errors made due to incorrect personal information being provided.
9 SECURITIES OF DATA
9.1.1 We employ a high level of security monitoring and software, including 128-bit SSL encryption technology. We also strongly recommend that you safeguard your online personal and product information with up to date Internet security software and operating system updates.
9.1.2 You must not select an unsuitable password. Unsuitable passwords include number and letter combinations that may be easily guessed, passwords used by you for other banking or non-banking services, or other easily accessible personal information (for example birthdate, family, pet or street names). You must keep your APPWINGZ Online Store password confidential always.
9.2 Your responsibility
9.2.1 You must:
take all reasonable steps to avoid being observed when entering your APPWINGZ Online Store password;
not leave your computer unattended when signed on to the APPWINGZ Online Store;
not give your APPWINGZ Online Store password to anyone (including the police, bank staff or your family); and
not keep a written or electronic record of your APPWINGZ Online Store password.
10 PURCHASE OPTIONS
There are several options for the purchase of Products from our website. These options include:
Paying in full;
10.2.1 Payments may be made by Credit Card, bank transfer, or through a special payment system authorized by us. Any funds received by us will be recorded on your Customer Segregated Funds Account and can be tracked by you through your customer account.
10.2.2 We are authorized to verify any payments made by you whether by credit or debit card, or bank transfer to prevent fraud. Delivery of any Products will only be carried out in the name of the payee.
In situations where the credit card / account holder and the person named on the Preliminary Invoice are different, verification of identity may be required. This may cause a delay in the purchase process.
If the requested proof of identity is not provided within seven working days from the date of payment, or if there are any doubts about the authenticity of any transaction, we reserve the right to cancel the transaction.
If we cancel a transaction any amount received, excluding valid bank charges, will be credited back to the card or account holder (as applicable).
10.3.1 You will select the quantity from the Online Store.
10.3.2 Branding is dependent upon supply and country rules under which you take possession. Accordingly, you accept that whilst the Company will take reasonable steps to ensure you receive product from your preferred refinery, the Company reserves the right to supply Products from a different vendor.
10.3.3 You understand that for regulatory reasons the Online Store might need to delegate certain tasks from these Terms to third parties (assignees) depending on the region where physical Product is to be picked up by You, to use compliance, best practice and Your interests. Such tasks might include but are not limited to:
the actual handover of physical Product;
the gathering of additional and more detailed client information as well as further identification of the client.
You are willing to enter in a respective limited contractual relation with an assignee as well as to issue additional information as might be required by local regulations to ensure You are best able to collect your Purchase.
10.4 Upon Settlement of Your Purchase
Once you have purchased Product from us, you have the option of:
receiving the Product by courier (delivery fees will be charged); or
collecting the Product in person from our licensed Franchise provider (by appointment with 7 working days prior notice, subject to you meeting or
keeping the Product in safe keeping provided through our licensed provider (storage fees will be charged); or
offering Product for resale in accordance with our Program Terms.
11.1.1 Our provider is authorized to manage the secure storage of Product purchased for you at your request. Any Product stored by arrangement through our Partner provider is detailed on your Customer Account.
11.1.2 Fees are charged for these storage services. Fees may include arranging storage, transportation, and insurance of the Product, as necessary. Details of our current fees are outlined on our website. We are authorized to deduct such fees from funds held on your account.
11.2 Storage Allocations
11.2.1 All Products held for you through our partner provider is held as unallocated storage.
11.2.2 All Products is stored as an undivided, unallocated interest. This means that your Product may be held with Partner owned by our other customers. It is then deposited in the name of APPWINGZ in secure storage (being allocated to APPWINGZ or the APPWINGZ licensee with whom you are contracting).
11.2.3 You agree that any Product held for you on arrangement of our partner provider is free from any liens, encumbrances, charges or claims and you accept you may not encumber or charge your Product.
11.2.4 Any secure storage facility used by partner provider maintains insurance equal to 100% of the Product held by our customers. At any time, you may request that your Product is removed from storage and delivered to you (restrictions apply refer Program Terms per clause 3.7). Delivery fees and other related fees will be charged (see Schedule 1).
11.2.5 You acknowledge that the price of Product can rise or fall at any time. The value of the Product upon entering storage may not necessarily be the same when you retrieve the Product from storage.
12 SALES OF PRODUCT
12.1 You do not have the right to sell Product through your Customer Account in exchange for Price posted on our Web site, this will form the Agreed Value.
The proceeds from any sale will be credited to your Customer Segregated Funds Account, such credit to be full and final settlement of any amount due to you in respect of such purchase by the Online Store from You.
At the time the Agreed Value is credited to your Customer Segregated Funds Account, clear title to the subject Products shall immediately vest in APPWINGZ.
12.2 At any time you may ask us to transfer funds stored in your Customer Segregated Funds Account to your personal bank account. However, if there is any dispute or investigation taking place in relation to your funds, the transfer will not be processed.
12.3 We do not pay any interest on money stored within your Customer Segregated Funds Account.
13.1 Service Fees
13.1.1 We charge a few fees for using our services. The fees we charge may be different depending on the type of Product purchased. Fees we charge for using our services include, but are not limited to:
storage fees, including fees for storage at licensed storage providers selected by us.
administration fees due to us for the procurement of storage.
fees charged for registration and deregistration of Product.
processing fees for the sale or purchase of Product.
any additional fees as highlighted on the Table of Fees on our website.
13.1.2 You authorize us to charge fees each time you complete a transaction at the APPWINGZ Online Store. These fees may be directly deducted from your account if you hold any funds on account with us.
13.2 Your responsibility to be informed
13.2.1 We are not required to give you any notification of changes to our fees. You are required to review fees on the transaction input screen on the website prior to completing any transaction with us.
13.2.2 For further information about our fees, please go to www.APPWINGZ.IN and login using your secure username and password.
14 YOUR LIABILITY
14.1 You will be liable for any loss suffered by us (including but not limited to consequential loss), which results from:
your fraud or negligence.
your breach of these Terms and/or the Program Terms.
the unauthorized access to or use of your products through the APPWINGZ Online Store and to which you have contributed by your failure to comply with these Terms and Conditions. This includes situations where you:
select an unsuitable APPWINGZ Online Store password;
fail to reasonably safeguard your APPWINGZ Online Store password; or
unreasonably delay notifying us of the actual or suspected disclosure to any other person of your APPWINGZ Online Store password, or that there has been, or you suspect there has been unauthorized access or activity on your products.
14.2 If you are engaged in APPWINGZ Rewards Program, you will be subject to further provisions under the Program Terms. You warrant that you have read and understood these, and in consideration of provisions therein (including but not being allowed to enter APPWINGZ’s proprietary program) agree to be bound by same.
15 CANCELATIONS OF APPWINGZ ONLINE STORE ACCOUNT
15.1 By your request
You may request that we cancel your APPWINGZ Online Store access at any time. To do this you must notify us in writing. You will remain responsible for any transactions made on your products and fees incurred until your access has been cancelled.
15.2 Cancellation or Suspension
15.2.1 We may cancel your APPWINGZ Online Store access at any time by giving you 7 calendar days’ notice.
15.2.2 We may suspend or cancel your APPWINGZ Online Store access immediately:
upon your death, bankruptcy or if we become aware that you lack legal capacity;
if you breach these Terms and Conditions or our Program Terms;
to comply with a court order or other legal requirement;
if we are notified of a dispute over the funds in, or the operation of, a product; or
if we have reason to believe your APPWINGZ Online Store access has been compromised.
if your actions contravene the internal rules of APPWINGZ online store.
15.2.3 If your account is cancelled for any reason, we may, at our sole discretion, delete any websites, files, graphics or other content or materials relating to your use of the website or the services on servers owned by or operated for us or otherwise in our possession, and we will have no liability to you or any third party for doing so.
15.2.4 Following cancellation, you will not be permitted to use the website or the Services. If your account or your access to the website or the Services is cancelled, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the website or the Services.
15.2.5 If your account is cancelled, you must immediately pay us any fees and any liability that you owe (including but not limited to any liability under Section 14), such liability to us will survive any cancellation. Pending payment by you of such fees and/or liability we reserve our rights to exercise a lien on the contents of your account.
15.3 Dormant Account
If you do not access your account for a period of 1 month or more your account will be deemed dormant and will require reactivation.
A reactivation fee may be charged to your account.
If you do not reactivate your account within ONE month, we will cancel your account as per clause 15.2.
If your order has not been paid within the period of 12 months or more, and you did not enter to your personal account within 1 month from the expiry of the standard term of the agreement, Company reserve the right to hold your account invalid and put under restraint the right of use of the account or cancel the agreement on an ex parted basis.
We maintain a procedure for handling any complaints by clients, designed to ensure that a complaint is dealt with promptly and fairly. This is managed by our contracted help desk.
If you have a complaint about our services or products, you may refer your complaint:
to the Company, through your Message Box; then if it is not resolved
to the team supervisor, customer care.
The team supervisor may be contacted as follows:
by email at firstname.lastname@example.org or
by telephoning our customer care team at
17 GOVERNING LAW
These Terms are governed by the laws of INDIA and each party submits to the jurisdiction of the courts of INDIA.
seeking, in any other court (or jurisdiction) orders whether granting interim relief or interim protective measures in support of or in place of proceedings to be brought before a court in INDIA; or
seeking to enforce a judgement of INDIAN Court in any other states.
18 DISPUTE RESOLUTIONS
Subject to Section 17, in the event of a dispute arising, where such dispute has not been resolved under the Complaints process (see Section 16 above), this Section then applies, and you are bound by the following process:
18.1.1 Any dispute between you and APPWINGZ that arises in relation to these Terms, must be referred in the first instance to non-binding mediation, provided further that in any such non-binding mediation the parties shall have the option of appearing by video, telephone, or such other technology that permits them to attend such proceedings remotely, or if such remote appearance is not feasible, then the parties shall submit their positions to the mediator in writing, subject to the instructions of the appointed mediator.
18.1.2 The non-binding mediation procedure is:
The party wishing to resolve a dispute by mediation must give notice in writing of the dispute to the other party. Such notice shall be deemed to have been served in INDIA.
The notice must state that a dispute has arisen and provide of the dispute.
18.1.3 When a notice of dispute is given in accordance with this Agreement the parties will appoint a mediator by agreement within 7 days, failing agreement either party may request the INDIAN Court (or his or her nominee) to appoint a mediator:
The parties will cooperate with the mediator to resolve the dispute.
If the dispute is settled, then the terms of settlement will be written up by the mediator and signed by the parties to the dispute.
If the dispute is not settled within 30 days of the appointment of the mediator, or within any extended time that the parties agree to in writing then the parties will no longer be bound by this mediation provision.
The parties to this Agreement agree that all written statements given to the mediator or to each other and any discussions between any of the parties or between any of the parties and the mediator during the mediation are inadmissible in legal or arbitral proceedings by any party other than the party that made them.
The parties to any dispute will share equally the cost of the mediator’s fees and costs including travel, room hire and refreshments.
18.2 Urgent Interlocutory Relief
Subject to Section 16, nothing in the forgoing provisions shall prevent any party to this agreement from seeking urgent interlocutory relief from any court of competent jurisdiction.
18.3 Arbitration to follow Mediation if Unresolved
18.3.1 Subject to: -
Sub-Clause 18.2; or
the mutual consent of the Parties,
any dispute which is not settled by mediation shall in the first instance be referred to arbitration in accordance with the appropriate Arbitration Act, provided further that in any such arbitration the parties shall have the option of appearing by video, telephone, or such other technology that permits
them to attend such proceedings remotely, or if such remote appearance is not feasible, then the parties shall submit their positions to the arbitrator(s) in writing (subject to the instructions of the appointed arbitrator or arbitrators) with appeal to a court of competent jurisdiction.
18.3.2 In the event of any dispute concerning the amount of any moneys due or payable by either party to this Agreement to the other under this Agreement, in the first instance the parties may agree on a case by case basis that a certificate as to the amount signed by the accountants for the time being of the Holder shall be conclusive and binding on both parties. In the absence of such agreement, the matter will be addressed by the provisions under Clause 18.1 and sub-clause 18.1.2 above.
18.3.3 In the event of any dispute concerning the definition of the Territory as varied in accordance with this Agreement arising out of, or in connection with any changes in the political status or geographical boundaries of the Territory, the decision of the Company thereon shall be conclusive and binding.
19.1.1 You must not assign, sub-license or otherwise deal in any other way with any of your rights under these Terms.
19.1.2 If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
19.1.3 Where this Agreement is recorded in a language other than English, in the case of any discrepancy of terms or meaning the English text shall prevail.
19.1.4 Some relevant jurisdictions have signed an Inter-State Agreement within INDIAN government with respect to the INDIAN Account Tax Compliance Act, accordingly and we may be obliged to provide the Internal Revenue Service with copies of this Agreement, and any financial transactions in respect of which you are involved (directly or beneficially).
19.1.5 This website and the Information are owned and administered by APPWINGZ. Nothing in these Terms is intended to constitute legal, tax, accounting, securities, or investment advice, nor any opinion regarding the appropriateness or suitability of any investment or strategy. This website shall not constitute an offer or a solicitation of an offer to buy or sell any investment product or service to any person or entity in any jurisdiction.
19.1.6 Products named in the site are only available to residents of countries where offers of such products are permitted by law.
19.1.7 APPWINGZ may assign or novate APPWINGZ’s rights and obligation under these Terms, and in respect of its agreement with you to another company, without your prior consent, provided that the assignee is then bound by these Terms.
19.1.8 Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by them.
19.2 Further Acknowledgements
19.2.1 You further acknowledge:
certain types of Products may not be available to the residents or citizens of other countries.
all Products and relevant transactions are subject to fees. You hereby authorize the Company to deduct from your APPWINGZ Online Account any fees you may incur by using services provided by the Company including the following: Storage Fees; Registration/De-registration Fees; Processing
Fees; and other fees as recorded from time to time in the Table of Fees published on our web site (refer www.APPWINGZ.in).
Subject to the Program Terms, the Price of a Product offered for purchase by you under this Agreement, shall be determined by the Company and shall include the cost of Product in the National Currency in accordance with the INDIAN market at the time of purchase plus the Processing Fee. The Processing Fee shall be paid by the Customer as priority. Subject to the Program Terms, you should pay the Price of the Product in one payment in accordance with your program requirements, provided that the terms of payment stipulated in this clause are met.
there might be other restrictions and rules that will be published on the Website at the time of your registration and (respectively) the use of your APPWINGZ Online Account. These will be available to you, to be read online, and are to be read in conjunction with these Terms.
19.3 Survival of Obligations
Each provision of this Agreement that is capable of surviving termination of this Agreement will survive that termination.
19.4 Successors and assigns
This Agreement will be binding on and inure to the benefit of the Parties and their permitted successors and permitted assigns.
19.5 Force Majeure
19.5.1 The Parties shall be released from the responsibility for the complete or partial failure to perform their obligations under this Agreement, if such failure was the consequence of the force majeure circumstances occurring after execution of this Agreement because of extraordinary events, which the Parties could neither foresee nor prevent using reasonable efforts.
19.5.2 upon the occurrence of such an event:
If either of the Parties is unable to perform its obligations completely or partially under the circumstances defined in cl.5.1. of the present Agreement, the term of the performance of the obligations under the present Agreement must be extended for the period equal to the period during which such circumstances last.
19.5.3. If the circumstances defined in cl. 5.1. of the present Agreement last more than one months, either of the Parties shall be entitled to terminate the present Agreement and, in this case, neither of the Parties shall be liable for the reimbursement of losses related to such termination.
19.5.4. The Party for whom it becomes impossible to perform its obligations due to the circumstances defined in cl. 5.1. of the present Agreement must immediately notify the other Party of the occurrence of such circumstances indicating the nature of the circumstances and their effect on the possibility to perform the contractual obligations.
19.6 Entering into Agreement, Agreement validity period and termination of the Agreement.
19.6.1. The Agreement shall come into force and shall be binding on the Parties from the moment of the approval of the Agreement by the Buyer electronically completion by the Buyer of the field “I
agree” at the bottom of the Agreement, and from the moment of the receipt by the Company of the payment for the Order and services under the terms of the Agreement.
19.6.2. The Agreement is made to ensure complete performance of the Order by the Parties and may be extended automatically for the next Order paid by the Buyer.
19.6.3. Either of the Parties is entitled to terminate the Agreement before its expiry date notifying the other Party of this in writing 7 days (seven) days prior to termination.
19.6.4. In case of the Agreement premature termination at the initiative or due to the fault of the Owner of the Order, the User charge already paid shall not be returned.
SCHEDULE 1. TABLE OF FEES
Storage Fees Set by secure storage facility through agreement with APPWINGZ’s licensed provider.
Refer Sub-Clauses 11.1.2 and 11.2.4.
Site Visit Fees Costs incurred by licensed provider for Customer to visit and meet with the provider, including for the purposes of uplifting their Products.
Refer Paragraph 10.4(b).
Program Fees Costs or charges incurred through APPWINGZ Program as set out in the Program Terms.
APPWINGZ Online Account holders can refer to www.APPWINGZ.in
Physical Delivery Fees Fees charged for the delivery of Products, on your instructions.