Terms and Conditions
These Apnnaghar General Terms & Conditions (this “Agreement”) govern all aspects of the provision and use of Apnnaghar property rental management solutions and services as made available from time to time (including the www.Apnnaghar .in website, any Apnnaghar mobile application, and all related programming, content, logos, naming and branding, and all future updates, upgrades, substitutions or additions to any of them) (the “Services“).
If you do not agree with any of the terms of this Agreement, you must not access or otherwise use the Services. Your access to or use of any of the Services constitutes your acceptance of this Agreement.
Apnnaghar is Apnnaghar Limited, a limited liability company incorporated in India with its registered address at #118, 3rd main, Vysya bank colony, btm 2nd stage, Bangalore 560068. Karnataka. Apnnaghar can be contacted by email: firstname.lastname@example.org and Mobile: +91 903 506 5096.
1) The Services
The Services provided by Apnnaghar are on-line services and solutions for management of short-stay property rentals. The Services must only be used for supporting your rental property business and for no other purpose.
You undertake, warrant and represent that you are either the owner or the owner’s designated manager or agent for the property or properties which you register within or upload to, or for which you use any of the Services (a “Property“).
The Services are provided for the purposes of managing Property rentals as part of your trade, business, craft or profession, and are not intended for individual consumers.
For the purposes of this Agreement, “you” refers to you and the owner of the Property (or any other person representing the owner or on behalf of whom you are using the Services) and anyone else using your user account.
For the avoidance of doubt, Apnnaghar is not a real estate broker, agent, insurer, or booking agent. Apnnaghar is not a party to any rental or other agreement between you and any guest. Apnnaghar shall have no responsibility whatsoever for any aspect of the relationship between you and guests or prospective guests, or any intermediaries, agents, booking platforms, payment providers or any other person or service to which you connect using the Services (whether or not they may be advertised, linked to, or otherwise mentioned within the Services). Apnnaghar is a technology platform provider only. All issues relating to management of Properties and your business are your sole responsibility, including without limitation terms and conditions of rental, personal data processing, availability and bookings, charging and collections, licensing, insurance, accounting, tax, legal compliance, health and safety, complaints and advertising.
2) End User Licence and Restrictions
Apnnaghar hereby grants you a limited, revocable, worldwide, non-transferable, non-sub licensable right and license to access and use the Services for the exclusive purposes of managing vacation rentals of Properties in accordance with the terms of this Agreement.
You must not: (a) modify, adapt, alter, translate, or create derivative works from the Services; (b) sublicense, lease, rent, loan, or otherwise permit a third party to use the Services; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Services; or (d) use the Services except as expressly allowed in this Agreement.
The Services and all rights in the Services, including but not limited to copyrights, designs, image and publicity rights, database rights, trademarks (including trade and product names, logos, slogans or banners) and patents, know-how and trade secrets, whether registered or unregistered, are all the exclusive property of Apnnaghar (or Apnnaghar licensors).
3) Use of the Services
You must use the Services exclusively for lawful purposes. In particular but without limitation, in accessing or using the Services you must not:
intercept, monitor, interfere with or modify any post or communication which is not intended for you, interfere with, hack, disrupt or gain unauthorised access to any network, computer system, database, server or hardware of Apnnaghar or any other person, impersonate any other person or without their consent use their name, image or account, use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to attack, distort, delete, damage, disassemble or otherwise interfere with the Services or network, send any unsolicited communication, including advertising or commercial or sponsored communications (e.g., spam), collect or harvest personal information from others (e.g., phishing), stalk, bully, harass, abuse or threaten any person or contact them when they have indicated that they do not wish to be contacted, publish, transmit or expose any person to material which is pornographic, offensive, defamatory, sexist, racist, discriminatory, harmful to young people, indecent, illegal, in breach of third party rights or otherwise objectionable, undertake any activity that is in breach of the law, public order, or public morality, or make the Services available to any other provider of villa or vacation property rental-related services or that otherwise competes with any of the Services.
You must provide only accurate, true and up to date information through your user account and use of the Services. Apnnaghar will be entitled to communicate with you using the contact details you provide.
You are responsible for protecting your account login details. If at any time you believe these may have been compromised and/or your account was accessed improperly, you must notify Apnnaghar immediately.
You must not access or attempt to access the Services through any means or interface other than the login prompt on Apnnaghar.in or other official public portal of Apnnaghar.
You undertake, warrant and represent that no content (including still or moving images, text, sounds, code, data or any other information) uploaded, stored or distributed through your account (including in relation to any Property) will:
be false, inaccurate, fraudulent or misleading or infringe any applicable law, regulation or binding code of conduct;
infringe the rights of any other person (including without limitation copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy);
be defamatory of any person or business;
breach any of the requirements set out in Section 3 above; or create any liability for Apnnaghar or cause Apnnaghar to lose custom, services, goodwill or reputation.
You are solely liable for all content posted through your account and undertake, warrant and represent that you have all rights, licenses and permissions necessary to use, publish and upload it.
Although Apnnaghar uses up to date and fully tested security measures and back-ups, and endeavours to provide maximum uptime and protections, Apnnaghar cannot guarantee availability or storage of any content uploaded or posted using the Services or that back-ups or downloads will be available. It is your responsibility to keep copies of your content.
Apnnaghar is not required to but may monitor such content and may remove or alter it if Apnnaghar believes for any reason that it is in breach of this Agreement, applicable laws or third party rights, or is harmful to Apnnaghar business or reputation.
You grant us a worldwide, royalty-free right to use, copy, sublicense, display, exhibit, edit and translate content within the Services, including to market the Services.
5) Third Party Services
Within the Services Apnnaghar may provide access to third party websites, services, resources or content (including advertising or sponsorship content). Any such references or links are for informational purposes only and do not constitute any endorsement, recommendation or other assumption of responsibility for them by Apnnaghar. Apnnaghar has no control over third party sites, resources or functionality not provided directly by Apnnaghar.
Your correspondence, business dealings with, reliance on such resources, or participation in promotions of, advertisers, sponsors or other persons found on or through the Services, including all applicable terms and conditions and notices including in relation to use of personal data, are solely a matter between you and such party. Apnnaghar excludes all liability for matter arising out of or in relation to any contact with them.
Apnnaghar is not responsible for the availability of such external sites or resources or for any content, advertising, products, services or other materials made available by such third parties.
6) Term and Termination
This Agreement will be effective from the date on which you create a user account or first use the Services, and will remain effective until terminated as set out below.
Renewal of the plan you have selected (monthly or annual) is by default automatic unless you (a) delete your account before midnight on the last day of your current subscription period; or (b) deactivate auto renewal inside your account under the My Account tab.
You may terminate your subscription yourself at any time from inside your account. By creating an account with us, you accept responsibility for deleting it yourself if you wish to terminate your subscription. Any other method of cancelation is not sufficient as your account and content will remain live in Apnnaghar system if not deleted.
Apnnaghar may terminate your account and this Agreement:
for any reason at any time on 60 days’ notice given by any reasonable means, in which case you will be entitled to a full refund for any Fees paid up beyond the effective date of termination; or at any time without notice or refund if Apnnaghar reasonably believes you have failed to comply with any term contained in this Agreement, you have infringed someone else’s rights (e.g. copyrights, publicity or privacy rights), or engaged in any fraudulent, unacceptable or illegal activity.
In addition for any other rights or remedies that Apnnaghar may have, Apnnaghar may also suspend your access to all or part of the Services, where Apnnaghar is entitled to terminate this Agreement or where this is required by any applicable law or regulation or Apnnaghar ’ hosting provider. In particular, where any user directs threats, abuse or hostile treatment of any kind towards any Apnnaghar staff, then Apnnaghar may decide to permit such user to continue to access the Services but such user will not be entitled to receive any training or customer support from Apnnaghar .
On termination of this Agreement for any reason: (a) all your licences and rights to use the Services shall terminate, and (b) you will cease all use of the Services. No further Fees will be collected after termination. However, no refunds will be given except as expressly set out in this Section.
7) Indemnification of Apnnaghar
You agree to indemnify, defend and hold Apnnaghar , its related companies and staff harmless from and against any and all claims, liability, loss, damage, costs and expenses, including reasonable legal fees, in connection with or arising out of your: (a) breach of any provision of this Agreement or any applicable law, regulation or code of conduct, or (b) breach of any rights of any third party, (c) use or misuse of the Services, (d) content posted in or through your account; and/or (e) any dispute which may arise between you and your guests or prospective guests or any other third party.
8) Disclaimer of Warranties / Limitation of Liability
The Services are provided “as is” and “as available” in accordance with the terms of this Agreement. Apnnaghar hereby excludes all other terms, whether express, implied or statutory, including, without limitation, any warranties and conditions of quality, performance, non-infringement, merchantability, or fitness for use or any particular purpose or requirement.
Apnnaghar strives for 99.99% system up-time, but on rare occasions system maintenance, upgrades or events outside Apnnaghar ’ control may result in Services or some functionalities being temporarily off-line. Apnnaghar will endeavour to ensure that these occasions are as infrequent and short as possible and that you are notified, wherever possible, in advance. However, Apnnaghar does not represent or warrant that the Services will always be available, accessible, uninterrupted, timely, secure, accurate, complete and error-free. Apnnaghar may make available a facility whereby you can set the system automatically to send you updated versions of your data in spreadsheet or other electronic form, and recommends that you use this facility which is currently referred to as the “daily digest” feature and is accessed on the Email Settings page.
Apnnaghar , its related companies, its licensors and staff have no liability in connection with or arising from your use of or inability to use or termination of your use of the Services, whether in contract, tort (including negligence), product liability or any other form of liability, including for any indirect, incidental, special or consequential damages (including without limitation any loss of profit, contract, business, goodwill or data, computer failure or economic loss), even if Apnnaghar , its related companies or staff have been advised of the possibility of such damages. Apnnaghar ’ entire aggregate liability for any claim arising out of or in connection with this Agreement shall be limited to a maximum of six months Fees received from you for use of the Services.
In particular, no warranty is made that the Services will enable a certain quantity of bookings, contracts or profit. You are solely responsible for your own business plan, cash-flow and execution. Payment of the Fees is not conditional upon your obtaining any level of business or revenue.
To the extent that any jurisdiction does not permit any of the exclusions or limitations set out above, some of these exclusions or limitations may not apply to you, and Apnnaghar ’ liability will in that case be limited as far as possible under applicable law.
11) Your Data
You agree that Apnnaghar may hold on its databases the information you provide about yourself and Properties. This includes but is not limited to your name, email address, phone number(s), and address of residence. Apnnaghar may send you promotional material from time to time, but you may opt out of receiving these communications at any time via the Opt Out option in your Account settings.
To the extent that you provide to us or use the Services to process personal data of guests or other third parties, then you represent and warrant that such all data has been collected and will be processed in accordance with all applicable laws and that you have in place a professionally drafted privacy notice or policy for your business, and have made all necessary disclosures and obtained all necessary consents in order to provide such data to Apnnaghar for the intended purposes. You will indemnify Apnnaghar for any claim received from any guest, other third party or regulator relating to your compliance with personal data processing laws.
11.1 Apnnaghar may access data stored on or transmitted through the Services to conduct research, operate and improve the Services and provide anonymous reporting for internal and external clients and business associates.
11.3 Apnnaghar will endeavour to keep your data secure and protected from accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access in accordance with applicable laws and regulations, and has in place up to date and fully tested and audited security systems, but does not make any guarantees in this respect, and excludes all liability for these matters to the extent permitted by applicable law.
You agree that Apnnaghar can place a reasonably sized and positioned logo and/or text link on website pages and emails included in the Apnnaghar system, including on publicly accessible pages of your website which may indicate “Powered by Apnnaghar ” or “Created by Apnnaghar” or similar. You must not remove, obscure, make illegible or alter any such logo or link, unless required by Apnnaghar in which case you must remove it as soon as practicable after 365 Villa’s request.
14) General Provisions
14.1 Intellectual Property And Acceptable Use.
All Content included on the Website, unless uploaded by Users, is the property of Apnnaghar , our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission
You may, for your own personal, non-commercial use only, do the following: retrieve, display and view the Content on a computer screen
You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Apnnaghar.
14.2 This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Apnnaghar or that of our affiliates.
We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
14.3 Apnnaghar reserves the right to modify this Agreement at any time by notifying you by any reasonable means including through the Services. The modified Agreement shall become effective thirty days from such notification, unless you accept the modified Agreement earlier. Such acceptance by you, or your continued use of any of the Services after expiry of the notice period of thirty days, shall constitute your acceptance to be bound by the terms and conditions of the modified Agreement.
14.4 Should any term or provision hereof be deemed to be invalid, void or unenforceable this shall not affect the other terms of this Agreement, which shall remain in full force and effect.
14.5 The failure or delay by Apnnaghar to require performance of any provision hereof shall not affect its right at a later time to enforce such provision, or act as a waiver, unless such waiver is in writing and signed on behalf of Apnnaghar.
14.6 You cannot assign this Agreement or any rights or obligations hereunder. Apnnaghar may freely assign this Agreement or any rights or obligations hereunder, without notice.
14.7 This Agreement shall be governed by and construed in accordance with the laws of India.
14.6 Any legal proceedings arising out of or relating to this Agreement or the Services will be subject to the exclusive jurisdiction of the courts of India.