Welcome to garruda.co.in (“Website/ APP”), which provides the Services subject to the following conditions. This user agreement (“Terms and Conditions” or “T&C” or “Terms” or “Agreement”) is between you (“you” or “End User” or “Registered User”) and Ashwini Agencies Pvt. Ltd (“Company” or “us” or “We” or garruda.co.in or any sub domains of www.garruda.co.in). This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. Notwithstanding anything contained or said in any other document, if there is a conflict between the terms mentioned herein below and any other document, the terms contained in the present T&C shall alone prevail for the purposes of usage of the Site garruda.co.in or any of it’s sub-domains, an internet based portal owned and operated by Ashwini Agencies Pvt. Ltd; a company incorporated under Companies Act, 1956 (hereinafter ‘AAPL - The Company’) having its registered office at 2705, Lothian Road, Kashmere Gate, Delhi – 110006, India. For the purpose of this User Agreement, Registered User / Guest User and wherever the context so require '"you", "your" shall mean any natural or legal person who is accessing the Website/ Mobile APP, its contents and using the services offered on or through the Website/ Mobile App and has agreed to become a member of the Website/APP by providing Registration Data (as defined hereinafter) while registering on the Website/ Mobile APP as Registered User / Guest User using the computer systems of the Website or using the Mobile handset and accepted this electronic version / electronic record of the User Agreement and has allocated himself/herself a unique identification user name ("User ID" and "Password") to become Registered User or have been identified as Guest User by providing phone number and email id. Further, reference to "we", "us", "our" and "Company”, “Website”, “AAPL” and “Platform” shall mean Ashwini Agencies Private Limited. garruda.co.in or any of it’s sub-domains) and includes its associates, affiliates and subsidiary (ies).

The use of the Website/ Mobile APP is offered to you conditioned on your ‘Acceptance’ of all the terms, conditions and notices contained in this User Agreement. Upon "Acceptance", this User Agreement shall be effective and binding upon you along with any amendments made by AAPL at its sole discretion and posted on the Website and you shall not claim invalidity of this User Agreement merely on the grounds that this MOU is being concluded electronically. For the aforesaid purposes, 'Acceptance' shall mean your affirmative action in clicking on 'check box' and on the 'continue button' as provided on the registration page or clicking on 'Buy Now' button while transacting as Guest User or any act which reflects your use of the Website/ Mobile App or the services provided by the Website or any such other actions that implies your acceptance You hereby further agree that this User Agreement is being concluded and executed at Delhi, India. Your use of the Website/ Mobile App implies that you agree with the terms of the User Agreement. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and Rules and Policies as displayed on the Website/ Mobile App, please do not click on the "check box " and/or on the "continue" button and/or "Buy Now" button and do not seek to obtain access to or otherwise use the Website.

1. Introduction

   The domain name ‘garruda.co.in’ is registered in the name of Ashwini Agencies Pvt. Ltd. which is a registered company under the Companies Act 1956. Its registered office is at Delhi. AAPL is in the business of Software Development, Business Solutions, Consultancy, Trading of Software, Hardware and allied products.

2. Right to Change

   AAPL reserves the sole right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions every time you visit or use our Web Site/ Mobile APP.

3. Privacy Policy

   1. This privacy policy (“Privacy Policy”) shall form an integral part of the Terms of Use of garruda.co.in or any of it’s sub-domains (“Website”) (“Terms”) set out at https://*.garruda.co.in or any of it’s sub-domains /termsofuse and shall be read along with the Terms.
   2. Data protection is a matter of trust and your privacy is very important to us. We use your personal information only in the manner set out in this Privacy Policy. Our Privacy Policy is subject to change at any time without notice. To make sure you are aware of any changes, please review this policy periodically.
   3. By visiting this Website/ Mobile APP you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree please do not use or access our Website/ Mobile App. You have an option to later on withdraw your consent by sending an email to the Grievance Officer or such other electronic address of Ashwini Agencies Pvt. Ltd. as may be notified to you.
   4. By mere use of the Website, you expressly consent to our use and disclosure of your personal information in accordance with this Privacy Policy. This Privacy Policy is incorporated into and subject to the Terms of Use.

4. Collection of Personally Identifiable Information and other Information

   1. When you use our Website/ Mobile App, we collect and store your personal information which is provided by you from time to time. Our primary goal in doing so is to provide you a safe, efficient, smooth and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our Website to make your experience safer and easier. More importantly, while doing so we collect personal information from you that we consider necessary for achieving this purpose.
   2. In general, you can browse the Website without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature on the Website. We may automatically track certain information about you based upon your behaviour on our Website/ Mobile APP. We use this information to do internal research on our users' demographics, interests, and behaviour to better understand, protect and serve our users. This information is compiled and analysed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on our Website or not), which URL you next go to (whether this URL is on our Website or not), your computer browser information, and your IP address.
   3. If you choose to subscribe to the Website, we collect information about your usage behaviour.
   4. If you transact with us, we collect some additional information, such as a billing address, a credit / debit card number and a credit / debit card expiration date and/ or other payment instrument details and tracking information from cheques or money orders.
   5. If you choose to post messages on our message boards, chat rooms or other message areas or leave feedback, we will collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.
   6. If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Website, we may collect such information into a file specific to you.
   7. We collect personally identifiable information (email address, name, phone number, credit card / debit card / other payment instrument details, etc.) from you when you set up a account with us and pay the subscription fee. We do use your contact information to send you offers based on your previous usage and your interests.
   8. Our Website links to other websites that may collect personally identifiable information about you. Website is not responsible for the privacy practices or the content of those linked websites.

5. Cookies

   1. Cookies are small data files that are placed on your hard drive that assist us in providing our services. We use "session" cookies to keep you logged in while you use our Services, to better understand how you interact with our Services, and to monitor aggregate usage and web traffic information on our Services. We use "persistent" cookies to recognize you each time you return to our Services.
   2. Most internet browsers automatically accept cookies, but you can change your settings or use third-party tools to refuse cookies or prompt you before accepting cookies from the websites you visit. You can also use your browser settings or other tools to delete cookies you already have. Please be aware that some parts of our Services may not work for you if you disable cookies.
   3. We also use cookies to allow you to enter your password less frequently during a session. Most cookies are "session cookies" meaning that they are automatically deleted from your hard drive at the end of a session.
   4. Additionally, you may encounter "cookies" or other similar devices on certain pages of the Website that are placed by third parties. We do not control the use of cookies by third parties.

6. Use of Demographic / Profile Data / Your Information

   1. We use personal information to provide the services you request. We do not sell, rent, trade or exchange any personally-identifying information of our Users. We may provide your collected information to our affiliates and service providers under contract (such as customer care, data analytics) to support the operation of the Website and our services. To the extent we use your personal information to market to you, we will provide you the ability to opt-out of such uses. We use your personal information to resolve disputes; troubleshoot problems; help promote a safe service; collect money; measure consumer interest in our services, inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our terms and conditions; and as otherwise described to you at the time of collection.
   2. In our efforts to continually improve our product and service offerings, we collect and analyse demographic and profile data about our users' activity on our Website.
   3. We identify and use your IP address to help diagnose problems with our server, and to administer our Website. Your IP address is also used to help identify you and to gather broad demographic information.
   4. We may also use your personal information to display contents and services that are targeted to your interests. By accepting the User Agreement and Privacy Policy, you expressly agree to receive this information. If you do not wish to receive these communications, we encourage you to opt out of the receipt of certain communications in your profile under My Account or by clicking unsubscribe any email communication. You may make changes to your profile at any time.
   5. We will occasionally ask you to complete optional online surveys. These surveys may ask you for contact information and demographic information (like zip code, company’s name, gross turn over etc or income level). We use this data to tailor your experience at our Website, providing you with content that we think you might be interested in and to display content according to your preferences.

7. Sharing of personal information

   1. We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.
   2. We may employ third parties services to facilitate or outsource one or more aspects of the business, product and service operations that we provide to you on the Site/ Mobile App (e.g., search technology, discussion boards, bill collection, affiliate and rewards programs, co-branded credit cards) and therefore we may provide some of your personal information to these internal service providers. These internal service providers' are subject to confidentiality agreements with us and other legal restrictions that prohibit their use of your personal information for any other purpose except to facilitate the specific outsourced service. In the event of your direct involvement with the internal service provider, any additional information disclosed by you to them shall be subject to internal service provider’s own applicable privacy policy and the Website shall not be responsible for the same.
   3. We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
   4. We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

8. Security Precautions

   We employ procedural and technological security measures, which are reasonably designed to help protect your personal information from unauthorized access or disclosure. AAPL may use encryption, password and physical security measures to help protect your personal information against unauthorized access and disclosures. No security measures, however, are 100% complete. Therefore, we do not promise and cannot guarantee, and thus you should not expect, that your personal information or private communication will not be collected and used by others. You should take steps to protect against unauthorized access to your password, phone and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows and can easily guess, and keeping your log in and password private. AAPL is not responsible for the unauthorized use of your information or for any lost, stolen, compromised passwords, or for any activity on your account via unauthorized password activity.

9. Choice/Opt-Out

   1. You agree and acknowledge that you are providing your Information out of your free will. You have an option not to provide or permit us to collect your Personal Information or later on withdraw your consent with respect to such Personal Information so provided herein by sending an email to the Grievance Officer or such other electronic address of the AAPL as may be notified to you. In such case, you should neither visit any Website nor use any services provided by our entities nor shall contact any of our entities. Further, we may deny you access from using certain services offered on the Website.
   2. You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.

10. Your Consent

    By using the Website and/ or by providing your information, you consent to the collection and use of the information in accordance with this Privacy Policy. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.

11. Further Acknowledgements

    By use of the Website you agree and acknowledge that the Privacy Policy is clear and easily accessible and provides statements of AAPL policies and practices with respective to the Information; The trademarks, logos and service marks displayed on the Website ("Marks") are the property of AAPL or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of AAPL, the vendor or the third party that may own the Marks.

12. Subscription Contract

    1. In order to avail the services provided by the AAPL, the customer shall make the payment of one time sign up fee and further shall subscribe to the subscription plans available as per their feasibility. The subscription plans may be announced time to time and the prices are subject to change without any prior notice.
    2. AAPL reserves the right to reject, in whole or in part, any sign up/ subscription Application/ Form without assigning any reason.
    3. By (a) filling up the onetime sign up form and (b) providing a completed and duly accepted subscription form, You acknowledge that You are fully informed about the Service, have read, understood and agree to be bound by all provisions of the Subscription Contract and have only thereupon opted to subscribe to the Service. No change by You to any information in the AAPL records shall be valid unless communicated by You and accepted by AAPL.
    4. You warrant and represent that You or Your Authorised Representative have achieved the age of majority, is otherwise competent to contract and has the authority to execute this Subscription Contract and be bound by it. Any breach of this section shall be grounds for cancellation of the Service and/or termination by AAPL of the Subscription Contract.
    5. You further acknowledge and agree that by taking any actions or allowing any actions to be taken on Your behalf by Your Authorised Representative under this Subscription Contract, including without limitation, choosing a Package/ subscription, accepting the Service, You accept to be bound by the terms and conditions of this Subscription Contract.

13. Pricing, Billing Process and Payments

    1. You will be required to pay for the one time sign up fee, Activation and thereafter desired Subscription fee on a prepaid basis, unless otherwise informed by AAPL.
    2. We reserve the right to vary the prices for the Service from time to time.
    3. One time sign up fee and the subscription fee are non-refundable.
    4. Unless otherwise specified by AAPL, You are responsible and liable for payment of all taxes, duties, levies and charges imposed by or under any Law in connection with the Service.
    5. You shall be entitled to only those discounts, credits or refunds as expressly authorised by AAPL.

14. Deactivation and Cancellation

    1. Your Service will be deactivated by AAPL if
       1. You fail to maintain a Minimum Account Balance at the end of the Grace Period; or
       2. You request for deactivation of the Service in accordance with law
    2. You can request for cancellation of the service via any of the mode made available to you for cancellation of the service. Upon the cancellation of the service by AAPL, the subscription contract shall stand automatically terminated from the date of the termination.
    3. AAPL reserve the right to deactivate or cancel the service if at any time any license, permission or authorisation necessary for AAPL to operate the service is revoked or suspended
    4. AAPL may cancel Your Service at its discretion any time if, is determined that You:
       1. are in breach of any provision of the Subscription Contract;
       2. have acted in a manner that is inappropriate;
    5. In case of cancellation, AAPL will forfeit any available balance in Your Subscriber Account.
    6. If You breach the provisions of this Subscription Contract You agree that:
       1. AAPL or any affected party may prosecute violations of the foregoing against You and other responsible parties in any court of competent jurisdiction and under any applicable laws;
       2. We may prevent You from carrying on any such unauthorised activities by any means available under applicable law, including preventing You from receiving the Service; and
       3. for any act committed by You in relation to the Service amounting to an offence under copyright and / or any other law, You shall pay AAPL such amount(s) as directed by AAPL which shall not be less than Rupees Five Thousand Only for every day during which such offence/s continue in respect of each offence. We shall also be entitled to take such action as We deem appropriate to curb such acts, including deactivation and / or cancellation of Your Service and avail of other civil and criminal remedies as provided under the law.

15. Reactivation

    We reserve the right to reactivate any deactivated Subscriber Account at Our sole discretion. We reserve our right to charge for any activation, upgrading, handling charges or fees upon such reactivation.

16. Change in the Terms and Conditions of the Subscription Contract

    Based on regulatory, commercial, consumer related or other factors, the Terms and conditions of this Subscription Contract are liable to be modified / revised at any point of time by AAPL without any separate notice to You. The revised Subscription Contract shall be notified on the present website /APP. You are advised to kindly refer to the website for the latest version applicable at any point of time

17. Electronic Communications

    When you use any of our Services, or send e-mails to us, you are communicating with us electronically. You by using our services consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through other Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The legal requirements would be in conformity with the Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

18. Intellectual Property Rights

    1. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, AAPL owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, knowhow, trade secrets and inventions (whether patentable or not ), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website/ Mobile App belonging to AAPL without obtaining authorization from it.
    2. User shall not upload post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. AAPL does not have any express burden or responsibility to provide the Users with indications, markings or anything else that may aid the User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of Copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Site, User warrants that the owner of such material has expressly granted AAPL the royalty-free, perpetual, irrevocable, non- exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any Form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other end user to access, view, and store or reproduce the material for that end user’s personal use. User hereby grants AAPL, the right to edit, copy, publish and distribute any material made available on the Site/ Mobile app by the User. The foregoing provisions of Section 25 apply equally to and are for the benefit of AAPL, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

19. Trademarks

    1. The Site contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music , sound, and the entire contents of AAPL protected by copyright as a collective work under the applicable copyright laws. AAPL owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download / print / save copyrighted material for the User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of AAPL and the copyright owner is permitted.
    2. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with AAPL shall not be deemed to be in the public domain but rather the exclusive property of AAPL, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of AAPL, unless otherwise stated.

20. Intellectual Property Rights Complaints

    AAPL respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes any Intellectual Property Right infringement, please address a complaint to the ‘Customer Care’ by way of an email as provided herein below.

21. User Responsibility and Registration Obligations

    1. If you use the Website as Registered User, you agree that you are competent to contract within the meaning of the Indian Contract Act, 1872. AAPL reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to its notice or if it is discovered that you are under the age of 18 years. You are solely responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter-alia, to provide true, accurate, current and complete information about yourself as prompted by Website registration form or provided by You as a Visitor or user of a third party site through which You access the Website. If you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, AAPL has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
    2. As a condition of purchase, the Site requires your permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. You can opt-Out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences. Please see our Privacy Policy for details. The offers made in any promotional messages sent via emails /SMS/MMS shall be subject to change at the sole discretion of AAPL and AAPL owes no responsibility to provide you any information regarding such change.
    3. You undertake not to host, display, upload, modify, publish, transmit, update or share any information that is contained on the website that: belongs to another person and to which you do not have any right to; is grossly harmful, harassing, blasphemous; defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark , copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
    4. That in case it is found that you are in violation of these express conditions, you shall be solely responsible and shall face all legal consequences of the same by yourself and that AAPL shall in no manner be held responsible for the same.

22. Billing

    The subscription fee for our services shall be exclusive of all govt. levies & taxes as are applicable in India. The tax rate applied and charged shall include combined tax rate for both state and local tax rates. Taxes shall be extra as applicable at the time of billing.

23. Payment

    1. All payments made against the purchases / services on garruda.co.in or any of it’s sub-domains by you shall be as against the Subscription Fee informed by us at the time of sign-up or renewal and shall be in terms and conditions of the third party Online Payment Gateway Services as maybe adopted and applicable to your transaction as approved by AAPL. Before activating your subscription to use the web site, we may request you to provide supporting documents (including but not limited to Govt. Issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done so as to ensure a safe and a full proof online shopping environment to our users.
    2. AAPL may employ third party facilities, for Payments on the Website. Such payments need to be made through the electronic transactions only, as may be permitted by AAPL which shall be at its sole discretion. Use of such third party services will be governed by their User Agreement, Seller Terms, Conditions and other rules and policies as may be required and applicable for your nature of activities.
    3. While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you including but not limited to the following: (a) lack of authorization for any transaction/s; (b) or exceeding the present limit mutually agreed by you and between your “Bank /s”; (c) or any payment issues arising out of the transaction; (d) or decline of transaction for any other reason/s.

24. Product Descriptions

    Services/Products displayed on garruda.co.in or any of it’s sub-domains attempts to be as accurate as possible. However, AAPL does not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a service / product offered by AAPL is not as described, your sole remedy is to contact AAPL within 24 hours of receipt and AAPL riser vest the right to provide a solution as per its discretion. AAPL is not liable to issue any refunds as a matter of policy.

25. Inaccuracy Disclaimer

    From time to time there may be information on our Website or in our catalogue that may contain typographical errors, inaccuracies, or omissions that may relate to product/ service descriptions, subscription fee. AAPL reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

26. Warranties & Liability

    1. All information, content, materials, products (including software) and other services included on or otherwise made available to you by AAPL are provided on an AS IS and AS AVAILABLE basis, unless otherwise specified in writing. AAPL makes no representations or warranties of any kind, express or implied, as to the operation of the services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through AAPL, unless otherwise specified in writing. You expressly agree that your use of the website/ mobile App is at your sole risk.
    2. AAPL does not warrant that this Website/ Mobile App will be constantly available, or available at all or that any information on this Website is complete, true, accurate or non-misleading.
    3. We will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website/ Mobile App. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all risks associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website, and that AAPL shall not be liable for any damages of any kind related to your use of this Website.
    4. The information contained in this website is for general information purposes only. The information is provided by garruda.co.in or any of it’s sub-domains, a property of Ashwini Agencies Pvt.Ltd. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website/ Mobile app for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
    5. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
    6. Though AAPL shall make all endeavor to protect its websites from any viruses or other illegal use of its website. However, we do not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; its servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on Website constitutes, or is meant to constitute, advice of any kind.
    7. AAPL reserve the right, without any liability whatsoever to You, to interrupt, suspend, deactivate, cancel, modify to provide the Service or any part of the Service, (i) if We determine, in Our discretion, it is necessary under any Law; (ii) due to a failure or degradation of any facilities, equipment or systems to provide the Service; (iii) to combat any acts of piracy, fraud or misuse of the Service; (iv) due to any act beyond AAPL’s control; and (v) for any legitimate business purpose. In the event of an interruption, suspension or deactivation of the Service, AAPL may, in its discretion, reactivate the Service subject to any conditions that AAPL may approve / require from time to time
    8. AAPL will not be liable for any damages of any kind arising from the use of any service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through the website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

27. Indemnity

    You agree to indemnify and shall not hold AAPL (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) for any claim or demand, including but not limited to reasonable attorneys’ fees, or arising out of or related to your breach of this T&C, or your violation of any law or the rights of a third party or any damage to life and/or property caused by the products delivered.

28. Breach

    1. In the event you are found to be in breach of the Terms of Use or Privacy Policy or other rules and policies or if we are unable to verify or authenticate any information you provide or if it is believed that your actions may cause legal liability for you, other users or us, without limiting to the present, without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to this Website. Any user that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such user is reinstated by us.
    2. Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or other rules and policies, we reserve the right to recover any amounts due and owing by you to us and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
    3. Any breach of any applicable local laws of that territory shall also result in, without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to this Website.

29. Severability

    We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

30. Waiver

    The failure by AAPL to enforce at any time or for any period any one or more of the terms or conditions of the Agreement shall not be a waiver by AAPL of them or of the right any time subsequent to enforce all Terms and Conditions of this agreement.

31. Force Majeure

    Failure on the part of AAPL to perform any of its obligations and the non-furnishing of the Service, shall not entitle you to raise any claim against AAPL or be a breach hereunder to the extent that such failure arises from an event of Force Majeure. If through force Majeure the fulfillment by either party of any obligation set forth in this Agreement will be delayed, the period of such delay will not be counted on in computing periods prescribed by this Agreement. Force Majeure will include any war, civil commotion, strike, governmental action, lockout, accident, epidemic or any other event of any nature or kind whatsoever beyond the control of AAPL that directly or indirectly hinders or prevents AAPL from commencing or proceeding with consummation of the transactions contemplated hereby.

32. Dispute Resolution

    This agreement shall be construed and the legal relations between YOU and AAPL hereto shall be determined and governed according to the laws of India. If any dispute arises between you and AAPL regarding your use of the Website or Your dealing with AAPL in relation to any activity on the Website, in connection with the validity, interpretation, implementation or breach of any provision of the Terms & Conditions and/or Privacy Policy including but not limited to the rules and policies contained herein, the dispute shall be subject to the exclusive jurisdiction to the Courts of Delhi. Your obligations to pay the Payment Fees shall not be suspended during the pendency of such proceedings.

33. Grievance

    Any grievances you have by way of use of the website can be addressed to the ‘Customer Care’ by way of email to [email protected]
    The ‘Customer Care’ shall thereafter consider the same and provide a response within one month of the date of such complaint/ grievance.

34. Governing Law

    1. These Terms and Conditions or the documents of third party payment channels shall be governed and construed in accordance with the laws of India.
    2. This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
    3. This electronic record is generated by a computer system and does not require any physical or digital signatures.