APM CONSULTING TERMS & CONDITIONS

APM Consulting (hereinafter referred to as the “firm”) on behalf of itself and its affiliates under the brand "APM", is the creator, owner and publisher of the website www.apmconsulting.in (hereinafter referred to as “Website”). The Firm owns and operates through its Website, which may be modified, deleted, or updated (temporarily or permanently) from time to time at the discretion of the Firm. The Firm provides strategic growth advisory, specializing in corporate legal services (hereinafter referred to as “Services”).

 

Please read the Terms and Conditions carefully set out herein and in their entirety. If you do not agree to be bound by each term and condition set forth herein, you are not authorized to use or access the Services of the Website. These Terms and Conditions (hereinafter referred to as the "Terms") constitute an agreement between the Firm and you in connection with your use of the Website and/or use of the Services provided in the Website, as defined below.

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1]  By accessing the Website, and/or using all or a portion of the Services, You acknowledge and agree that:

   i. You have read and understood the Terms;

   ii. The provisions, disclosures and disclaimers set forth in the Terms are fair and reasonable; 

  iii. Your agreement to follow and be bound by these terms and conditions is voluntary and not the result of fraud, duress or undue influence exercised upon You by any person or entity;

 

Written approval is not a prerequisite to the validity or enforceability of the Terms.

 

1.2] The definition of "Terms" shall include any terms describing additional obligations or restrictions accompanying your use and access of the Services, including, without limitation, any obligations and usage restrictions. If you are deemed to have accessed the Services, the Firm's acceptance is expressly conditional on your assent to the Terms to the exclusion of all other terms. The Terms contain warranty disclaimers and other provisions that limit the Firm's liability to you.

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1.3]  The Terms are governed by and comply with the provisions of applicable Indian law, including but not limited to:

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    i. the Indian Contract Act, 1872;

   ii. the (Indian) Information Technology Act, 2000; 

  iii. the rules, regulations, guidelines, and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”); Information Technology Amendment Rules, 2023

 

2]  MODIFICATION OF TERMS

 

2.1]  The Services may be amended or deleted from time to time, at the sole discretion of the Firm, and the Terms will apply to your use of the  Website, as well as to all information provided by You on the Website at any given point in time. The Firm reserves the right to modify the Terms from time to time with or without notice. Such changes shall be notified on the Website. You are advised to read the Terms regularly. You acknowledge and agree that it is your responsibility to review the Terms periodically to familiarize yourself with any modifications. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Terms so modified. With respect to such modified Terms, the Firm may, at its sole discretion, require You to execute a "click accept" agreement incorporated into or as a condition of accessing the Services. Even without such a “click accept" agreement, your continued use of the Services after such modifications will constitute your acknowledgement and agreement of the modified Terms.

 

2.2]  ​If you do not agree to any changes in the Terms as may occur, your continued right to access and use such Services shall immediately terminate and you agree that you shall discontinue your use of the Services. You agree that the Firm is not liable to you or to any third party for any modification of the Terms or termination of your access to the Services except as specifically set forth herein. 

 

2.3]  These Terms allow the Firm to access registered Users’ personal email or phone numbers, for communication purposes to provide you with the Services and/or to obtain feedback in relation to their interaction, experience, and communication with the Firm and its associates.

 

3] CONDITIONS OF USE

 

3.1]  You must be 18 years of age or older to access or avail yourself of the Services in any manner. By signing into the Website, accessing and/or using all or any part of the Services, you represent and warrant to the Firm that you are 18 years of age or older, and that you have the legal right, authority, and capacity to use all or part of the Services available through the Website, and agree to and abide by the Terms.

 

3.2]  The Firm offers you a non-exclusive, limited right to access, and use the Services of this Site, provided that you comply with the Terms as set out in full. 

 

3.3]  You agree that the access you have been granted prohibits you from using the Website, and/or the Services for any illegal or unauthorized purpose. You will make every reasonable effort to prevent unauthorized third parties from accessing the Services. You represent and warrant that you will not breach the security of the Website or its Software or attempt to gain unauthorized access to or interfere with any other person's use of the Services. For the purpose of the Terms, "Software" means (i) the server, Website and application software hosted by or on behalf of the Firm underlying and used to deliver the Services, (ii) all server, Website and application software of third parties used to host, support or connect the software referred to in subsection (i) and accessible by you as part of the Services, and (iii) all underlying algorithms, User interfaces and network and database designs and schemas, architecture, class libraries and objects, the unique expressions of the selection, organization and presentation of User-visible functions, all updates, upgrades, patches, maintenance releases and bug fixes and all documentation relating to any of the foregoing. Upon your withdrawal of your consent to these Terms, you shall no longer be permitted to use or access the Services.

 

4] USER ACCOUNT 

For All Users

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4.1]  The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Firm’s Privacy Policy, which governs the type of information collected from Users, the purpose of this collected information and disclosure of such collected information. 

 

4.2]  You shall provide the Firm with correct, current, and authentic information, which may be required to be supplemented with evidence of the same. We reserve the right to terminate or discontinue the provision of Services to You in the event such information is found to be untrue, inaccurate, not current, or incomplete. In the event that you provide information that is inaccurate, false or incomplete or the Firm has reasonable grounds to believe that this is the case, the Firm has the right to discontinue your use of the Online Website and the Services. 

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4.3]  The Firm may use the information collected from You or contact you from time to time for the purposes of improving and building the Services and troubleshooting bugs on the Website.

 

5] USER REVIEWS AND DATA RETENTION

 

5.1]  The User is solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews relating to the Franchisee holder. You agree not to post or publish any content on the Website that amounts to:

 

    i. An infringement of any third party intellectual property or privacy rights.

   ii. A violation of applicable law or regulation, including but not limited to the IG Rules and SPI Rules. 

  iii. Defamation.

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5.2]  The Firm may choose not to publish your reviews and feedback, if so, required by applicable law, and in accordance with these Terms. You agree to be contacted by the Firm via telephonic or electronic communication for the purposes of obtaining feedback in relation to the Website, the Services, dispute resolution, complaint resolution, and any further information. 

 

5.3]  The role of the Firm in publishing this content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000 and the Firm disclaims all responsibility with respect to this content. The Firm is not liable to pay any consideration to the User for re-publishing or repeatedly publishing any content on any of the Firm Websites.

 

5.4]  The Firm may retain such information collected from Users from its Website for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules.

 

6] INTELLECTUAL PROPERTY RIGHTS 

 

6.1]  ​The Services and all processes, content, software, analyses and methodologies, know-how, and trade secrets used by the Firm  in creating and performing the Services and operating the Website as well as any related Intellectual Property rights throughout the world and all modifications thereto and derivative works thereof developed solely by the Firm, or by or with the input of another party (the "Firm Intellectual Property") are protected by Indian copyright laws and other intellectual property laws. They belong exclusively to the Firm and may not be used or reproduced by you without the express written permission of the Firm. The Firm hereby reserves all rights in the Firm Intellectual Property. You agree that, except as specifically permitted in these Terms, you will not: (a) alter, modify, adapt, reverse engineer, decompile, disassemble or hack the Software or Services, or create derivative works from the Firm  Intellectual Property; (b) license, share, resell, sell, or otherwise transfer the Firm  Intellectual Property or access to such The Firm  Intellectual Property to any third party; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Firm  Intellectual Property; (d) remove or alter any copyright notices or other notices included in the Firm  Intellectual Property; (e) access or use the Services to offer, build or support, or assist a third party in offering, building or supporting, Services competitive with the Firm and/or the Website. 

 

7] PRIVACY 

 

Kindly refer to the Firm’s Privacy Policy [link of privacy policy].

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8] DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

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8.1]  The Services are provided on an "as is," and "as available" basis. The Firm makes no representations or warranties of any kind with respect to the Services. The Firm assumes no liability or responsibility for any errors or omissions in providing the Services or any losses or damages arising from the use of the Services. 

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8.2]  The Firm expressly disclaims all representations and warranties relating to the Services, including but not limited to, warranties of merchantability, fitness for a particular purpose, quality, accuracy, authenticity, title and non-infringement, that the Services will function without interruption or errors in functioning, that any update will continue to be made available, that defects in the Services will be corrected, or that the Services will be compatible or work with any third-party software, Applications or third party Services. The operation of the Services may be interrupted due to maintenance, updates, or system or network failures. The Firm disclaims all liability for damage caused by any such interruption or errors in functioning. 

 

9]  LIMITATION OF LIABILITY

 

9.1]  The Firm disclaims all liability for any malfunctioning, the impossibility of access, or poor use conditions of the Services due to inappropriate equipment, disturbances related to internet service providers, cellular service providers, and cellular network operators, to the saturation of the internet network and for any other reason. You acknowledge that the Services rely upon data communication mediums which are not controlled by the Firm, and which may be vulnerable to data or security breaches, including, without limitation, networks used by your carriers and the databases and servers controlled by your internet providers. 

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9.2]  In no event, including but not limited to negligence, shall the Firm, or any of its associates, employees, agents or service providers be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to the use of, or the inability to use, the  Website and/or its functions and/or the Services, User’s provision of information via the Online Website, lost business or lost End-Users, even if the abovementioned entities have been advised of the possibility of such damages. In no event shall the Firm or its affiliates be liable for:

    i. provision of or failure to provide all or any Service to Users through the Website;

  ii. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;

  iii. any unauthorized access to or alteration of your transmissions or data; or

  iv. any other matter relating to the Website or the Service.

 

9.3]  In no event shall the Firm be liable to any User for any damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the Terms or a User’s use of the Services.

 

10] INDEMNIFICATION

 

You agree to indemnify and hold harmless the Firm, its affiliates, associates, employees and agents from any charges, complaints, damages, losses, liabilities, costs, and expenses (including attorneys' fees and expert fees) due to, arising out of or relating in any way to any violation by you of the Terms or any applicable rule, regulation or law, and your access or use of the Services.

 

11] FORCE MAJEURE 

The Firm will not be responsible for a breach of the Terms caused by any failure or delay of performance if caused by an act of war, hostility, or sabotage, an act of God, a pandemic, a strike, an electrical, internet, cellular network or telecommunication outage that is not caused by the Firm, government restrictions or another event outside the reasonable control of the Firm. The above-mentioned list is only illustrative, not exhaustive.

 

12] INVALIDITY
 

If any provision of the Terms is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.

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13] SEVERABILITY

 

In the event any provision of the Terms becomes void or unenforceable, it shall not affect the validity of these Terms as a whole and the unenforceable provisions shall be severed and the remainder of the provisions of these Terms shall continue in full force and effect. 

 

14] GOVERNING LAW AND JURISDICTION

 

14.1]  For the purposes of the Terms: (a) the term "Dispute" will mean any dispute, controversy, or claim arising out of or relating to: (i) the Terms, its interpretation, or the breach, termination, applicability or validity of the Terms; or (ii) any other dispute arising out of or relating to the relationship between The Firm and you; 

 

14.2]  These Terms shall be governed and interpreted by and construed in accordance with the substantive laws of India and subject to arbitration provisions below, each party hereby irrevocably and finally submits to the exclusive jurisdiction of the courts of India thereto in respect of any disputes, legal action or proceedings arising out of or in connection with the terms, interpretation, duties, performance, breach, etc. of these Terms. 

 

14.3]  Should any dispute, controversy or difference arise out of or in connection with these Terms, the parties hereto shall first endeavor to settle such Dispute by amicable medical consultation. If the Dispute is not resolved through amicable medical consultation within fifteen (15) days after the commencement of discussions or such longer period as the parties mutually agree in writing, then either party may refer the Dispute for resolution by arbitration according to the provisions of the Arbitration and Conciliation Act, 1996 (India) or any statutory amendment or re-enactment thereof, or any statute enacted to replace the same, for the time being in force.  The arbitration shall be conducted by a sole arbitrator appointed by Suprabha. The seat of arbitration shall be in Pune, Maharashtra, India, and the language of the proceedings shall be English.

 

14.4]  The Award rendered in any arbitration commenced hereunder shall be final and conclusive and judgment thereon may be entered in any court having jurisdiction for its enforcement. The Parties undertake to implement the arbitration award. In addition, the parties agree that no party shall have any right to commence or maintain a suit or legal proceeding concerning a Dispute hereunder (other than for preventive or interlocutory relief pending completion of the arbitration proceedings under these Terms) until the Dispute has been determined in accordance with the arbitration procedure provided for herein and then only for the enforcement of the award rendered in such arbitration. When any Dispute is under arbitration, except for the matters under dispute, the parties shall continue to exercise their remaining respective rights and fulfil their remaining respective obligations under this Agreement.

 

15] NOTICES

Any notice required or permitted to be given in accordance with the Terms shall be in writing. Notices to The Firm shall be sent by personal delivery, registered or certified mail (return receipt requested, postage prepaid) or commercial express courier (with written verification of receipt) to Level 3, 93 MG Road, Camp, Pune - 411001, India. For contractual purposes, you consent to receive communications from The Firm electronically. Notices sent to you shall be sent by personal delivery, electronic mail, registered or certified mail (return receipt requested, postage prepaid) or commercial express courier (with written verification of receipt) to the address listed on your account. All notices will be deemed given: (i) when delivered personally; (ii) 24 hours after electronic mail is sent unless the Firm is notified that the email address is invalid; (iii) five (5) days after having been sent by registered or certified mail; or (iv) one (1) day after deposit with a commercial express courier specifying next day delivery. Either party may change its address for receipt of notice by notice to the other party in accordance with this Clause. 

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16] GENERAL 

 

The Firm's failure to exercise or enforce any right or provision of the Terms shall not be deemed to be a waiver of such right or provision. The Firm is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. The Terms contain the entire agreement between the User and the Firm and supersede all prior agreements between the parties regarding the subject matter contained herein, except as otherwise specifically noted herein. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services or use of the Website. You may not assign or delegate any rights or obligations under the Terms. Any purported assignment and delegation shall be ineffective. The Firm may freely assign or delegate all rights and obligations under the Terms, fully or partially without notice to you.