Terms of Service

TERMS AND CONDITIONS FOR SELLER

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000.

The APEXSEK Website provides services like Graphics & Design Programming & IT Video & Audio Marketing Business Writing & Translation Online Classes Lifestyle and others

On the basis of the services provided by the Seller, the ApexSek Website has agreed to post your services in accordance with the terms and conditions as hereinafter provided (“T&Cs”).

1. GENERAL COVENANTS

The ApexSek Website shall take the Service request and forward it to the Seller through the website

The ApexSek Website reserves the right to discontinue or introduce any of the modes of services on the website

The Seller shall have the sole discretion to accept or reject each request for the Service.

The Seller warrants that the information it provides to the ApexSek Website is accurate and complete. The ApexSek Website is entitled at all times to verify the information that has been provided.

The Seller will refrain from doing anything which the ApexSek Website reasonably believes to be disreputable or capable of damaging the ApexSek Website’s reputation and will comply with all applicable laws of the Republic of India.

In relation to the Portal, the Seller agrees to:
not authorize others to use his account on the Portal;
not assign or otherwise transfer his account to any other person or legal entity;
not use the Portal for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
not use the Portal to cause nuisance, annoyance, or inconvenience;
not impair the proper operation of the network;
not try to harm the Portal in any way whatsoever;
not copy, or distribute any content on the Portal without written permission from the ApexSek Website;
keep secure and confidential the account password or any identification which the ApexSek Website may provide to the Seller which allows access to the Portal;
provide the ApexSek Website with whatever proof of identity the ApexSek Website may request.
The ApexSek Website reserves the right to immediately terminate the use of the Portal by the Seller if he does not comply with any of the above rules in Clause 1.6.

2. PAYMENT TERMS

The ApexSek Website has the discretion to charge any such fees from the Seller as updated on the Portal from time to time.

3. REPRESENTATIONS AND WARRANTIES

The Seller and the ApexSek Website represent that:

they have all requisite power and authority to, deliver and perform the obligations imposed herein;
the execution and performance of the obligations do not and will not violate any provision of any existing agreement, law, rule, regulation, any order, or judicial pronouncement which is applicable to each party;
they have not been convicted by any court in India or any other country of any crimes including but not limited to involving moral turpitude.
The Seller hereby represents that:

he has the requisite authority or assignment to start the services and there are no restrictions with respect to the use of the services
he has all rights, to submit the services as may be required under applicable laws to perform the Service in accordance with these T&Cs;
he shall provide the services in a courteous and professional manner as reasonably expected by a service provider providing the Services.
he shall at all times during which he is undertaking the Services, maintain and check the services regularly.
he shall perform its obligations with promptness and use reasonable care and skill and in accordance with standards of diligence, care, skill, quality, and integrity to be reasonably expected of an experienced and reputable provider of Services;
he shall perform each pick-up and delivery in the most efficient manner possible and shall make best efforts to adhere to the timelines prescribed.
he shall also ensure the quality of services is not compromised at the time of delivery.
his total earnings for any given financial year do not exceed INR 20,00,000 (Rupees Twenty Lakhs) and that he is an unregistered GST service provider.
he covenants that he shall promptly inform the ApexSek Website in case his total earnings exceeds or is expected to exceed INR 20,00,000 (Rupees Twenty Lakhs) in a financial year.

4. RELATIONSHIP BETWEEN THE PARTIES

Independent Contractor: The Seller shall operate as and have the status of an independent contractor. The relationship between the ApexSek Website and the Seller is on a principal-to-principal basis. The ApexSek Website and the Seller are independent legal entities, and nothing in these T&Cs will be construed to create a partnership, joint venture, an association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between the ApexSek Website and the Seller. It is clarified that the Seller will not have any right to conclude any contract for and/or on the behalf of the ApexSek Website.

5. Seller INFORMATION

Apexsek may collect Seller Information at the time of onboarding of the Sellers, to establish the identity of the Sellers. APEXSEk reserves the right to store, process, access and use the Seller Information for business purposes and needs, background check, verification, marketing, service, development.

“Seller Information” shall mean and include any personal data collected from the Seller including knowing your customer documents in the database

6. CONFIDENTIALITY

The Seller shall keep confidential all data including customer details, market information, all work products and documents related thereto, the contents of the Portal and shall not sell or otherwise make that information available to any third parties. Except as otherwise agreed, the data of customers will be the exclusive property of the ApexSek Website, and the Seller will not use the same for any purpose or distribute such data in any form or means except for the purpose of providing the Services and other than as permitted by the ApexSek Website and shall keep it confidential at all times.

7. LIMITATION OF LIABILITY

The ApexSek Website is not liable to the Seller, for any condition, suitability, quality, merchantability, and fitness for any purposes in respect of the Portal or the services provided through the Portal and is not liable for any civil, criminal, tortious, or any other liability, that may accrue as a consequence of the use and access of the Portal.
To the extent permissible under applicable laws, the ApexSek Website is not liable for any civil, criminal, tortious, or any other liability, that may accrue as a consequence of the breach by the Service Provider (a) of the applicable laws in respect of the use of the Portal or providing the Services; (b) of the terms of the applicable licenses and permits that are issued by the transport authorities; (c) of the terms of these T&Cs; or (d) of the duty of care the Seller owes to the users of the Portals.
The ApexSek Website is not responsible for the behavior, actions, or inactions of the Seller, quality of the Vehicle. Any contract for the provision of a Vehicle is exclusively between the customer and the Seller and the ApexSek Website is not a party to the same.
All rights not otherwise claimed under these T&Cs or by the ApexSek Website are hereby reserved. The information contained in this Portal is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
The ApexSek Website does not represent or endorse the accuracy or reliability of any information or advertisement contained on, distributed through, or linked, downloaded, or accessed from any of the services contained on the Portal, or the quality of any products, information, or other materials displayed or obtained by you as a result of any product, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.
The Seller shall not do the following:

modify or make derivative works based upon the Portal;
create internet “links” or “frame” or “mirror” any application on any other server or wireless or internet-based device;
reverse engineer or access the Portal in order to:
design or build a competitive product or service,
design or build a product using similar ideas, features, functions, or graphics of the Portal, or
copy any ideas, features, functions, or graphics of the Portal, or
launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Portal.

8. TERM AND TERMINATION

ApexSek Website is entitled to terminate the contract at all times and with immediate effect (by disabling the Seller’s registration on the Portal and use of the Portal) for:

Any violation or breach of any term of these T&Cs; or
If the Seller, in the opinion of the ApexSek Website, misuses the Portal.
failure to verify or authenticate Seller Information;
any action or omission by the Seller which can cause legal or contractual liability for ApexSek including but not limited to fraudulent conduct, customer complaints, continuous unsatisfactory reviews by the Restaurant Partners or the Users, misconduct, negligence, and all other actions specifically prohibited under Applicable Law.
ApexSek is also at liberty to terminate the contract at their discretion, where, in their opinion, the continuance of the services of Seller is detrimental to the business interest of ApexSek due to the acts of the Sellers, such as the following:
Misbehavior, rude behavior with the staff of ApexSek, customers, or any other persons associated with the ApexSek.
Any acts involving criminal offense punishable under law, including Abuse behavior and chats and any, threatening any of the staff of ApexSek, person associated with ApexSek, and any other persons.
iii)Concealment of fact/material information while entering into a contract with ApexSek.
Poor & irregular for work, meetings, and failure to abide by the rules/terms of the contract.
Drunk while on duty and drunken behavior.
Commission of fraud/ misappropriation/embezzlement for undue monetary gain, which is against the interest of the ApexSek.
vii)Negligence in performing the duty, causing damage to moveable and immoveable assets of ApexSek, its employees, customers.
viii)Indulging in spreading content through digital media, social networking sites, or any other form, which could be detrimental to ApexSek ‘s brand and its image.
Indulging in acts such as creating ruckus/ strike/ or any activity against ApexSek, which could be detrimental to ApexSek ‘s brand and its image.
Indulging in unauthorized disclosure of confidential information of ApexSek to an external agency, person, ApexSek, or organization.
xiii)Failure to abide by any of the rules and guidelines are given by ApexSek as part of service quality standards and principles.
xiv)Doing any act unbecoming of a Seller.
xv)In case the background check, whether wholly or partially, is found negative at any point of time during the term of these T&Cs.
The ApexSek Website is not obliged to give notice of the termination of the contract in advance.

9. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

These T&Cs shall be governed by and interpreted in all respects in accordance with the laws of the Republic of India.
Subject to the provisions made in Clause 9.3, the parties hereby submit to the exclusive jurisdiction of the courts of Andhrapradesh, India.
All disputes arising out of or in relation to these T&Cs shall be settled amicably by the parties. In the event no amicable settlement is arrived at within a period of 15 (fifteen) days from the date of the first initiation of the dispute by one party to the other, the parties shall resolve the dispute by means of arbitration pursuant to the Arbitration and Conciliation Act, 1996.
The arbitration proceedings shall be conducted by an arbitral tribunal comprising of 1 (one) arbitrator mutually appointed by you and the ApexSek Website.
The arbitration proceedings shall be conducted in English language only and the seat for arbitration shall be Andhrapradesh, India.
The award of the arbitral tribunal shall be final and binding.

10. ASSIGNMENT

The Seller may not assign its rights or obligations under these T&Cs without prior written mail of the ApexSek Website.

11. AMENDMENT

These T&Cs may be amended from time to time and as and when required, at the discretion of the ApexSek Website.

12. SEVERABILITY

If any provision or any part of a provision of these T&Cs is invalid, unenforceable, or prohibited by applicable laws of the Republic of India, such provision or part of a provision shall be severed from these T&Cs and shall be considered divisible as to such provision or part thereof and such provision or part thereof shall be inoperative and shall not be part of the consideration moving between you and the ApexSek Website hereto and the remainder of these T&Cs shall be valid and binding and of like effect as though such provision was not included herein.

13. NOTICES

The ApexSek Website may give notice by means of a general notice on the Portal, or by electronic mail to your email address on record in the ApexSek Website’s account information, or by written communication sent by regular mail to the Seller’s address on record in the ApexSek Website’s account information.
The seller needs to send any notice on at email id: [email protected]

T AND C for buyer

APexsek (“WEBSITE”) provides technology and information based on services for Graphics & Design Programming & IT Video & Audio Marketing Business Writing & Translation Online Classes Lifestyle Other

Please read the Terms of Use carefully before using the Platform or registering on the Platform or accessing any material or information through the Platform.

Use of and access to the Platform is offered to You upon the condition of acceptance of all the terms, conditions,

and notices contained in this Terms of Use and Privacy Policy, along with any amendments made by the APEXSEK WEBSITE at its sole discretion and posted on the Platform from time to time.

1. SERVICES

The Platform provides the following services (“Services”) to You:

It allows adding your services like Graphics & Design Programming & IT Video & Audio Marketing Business Writing & Translation Online Classes Lifestyle Other (Services).
It allows you to avail of services provided by the SELLER on our Platform (“APEXSEK”)

2. GENERAL TERMS OF USE

The APEXSEK WEBSITE shall take your service request and Approve it on the APEXSEK site

The Buyer shall have the sole discretion to accept or reject each request for the Service.

If the Buyer accepts the Service request made by the APEXSEK WEBSITE, a notification will be sent you with the information regarding the Buyer including its Time Days, etc.

The APEXSEK WEBSITE shall make reasonable efforts to bring you in contact with the Buyer in order to obtain the Service subject to availability of the Buyer in or around your order at the time of your order request made to the APEXSEK WEBSITE.

For the avoidance of doubt, it is clarified that the APEXSEK WEBSITE itself does provide the Services. It is the Buyer who shall render the Services to you.

Even after acceptance of the order, the Buyer may reach you via Apexsek website Inbox. in which event the APEXSEK WEBSITE shall not be held liable.

The information you provide to the APEXSEK WEBSITE is accurate and complete. The APEXSEK WEBSITE is entitled at all times to verify the information that you have provided. You may only access the Services using authorized means.

The APEXSEK WEBSITE shall not be liable if you do not register your account

The APEXSEK WEBSITE reserves the right to discontinue or introduce any of the modes that sellers post the Services on the Apexsek website.

You will refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation and will comply with all applicable laws of the Republic of India.

You will treat the Buyer with respect and not cause the complaint to the service in any unlawful, threatening, harassing, abusive behavior or activity whilst using their services;

The APEXSEK WEBSITE is not responsible for the behavior, actions, or inactions of SEller of his services, Buyers, or quality of services which you may use.

You agree that You shall not request for Services for Given services are illegal, hazardous, dangerous, or otherwise restricted or constitute Items that are prohibited by any statute or law or regulation or the provisions of this Terms of Use.

You also agree that you shall require a special Approval or require any special point under applicable law.

The APEXSEK WEBSITE does check or verify the Services that are being posted up and Removed off on behalf of You or the services that are being delivered to You by the Buyer, and therefore the APEXSEK WEBSITE shall have no liability with respect to the same. However, if it comes to the knowledge of the APEXSEK WEBSITE that You have delivered any illegal substance or availed tp post Services using the Platform to deliver any illegal or dangerous substance, the APEXSEK WEBSITE shall have the right to report You to the government authorities and take other appropriate legal actions against You.

You agree that you will be solely responsible for the services handed over to the Buyer. You will be solely responsible for any such unusual activities to the services.

You can initiate a transaction on the Platform by which You may (through the help of a Buyer) send completed services to a particular buyer. The Services are provided to You directly by the Buyer and APEXSEK merely acts as a technology platform to facilitate transactions initiated on the Platform and APEXSEK does not assume any responsibility or liability for any form of deficiency of services on part of the Buyer.

By using the Platform of the APEXSEK WEBSITE, you further agree that:
You will Register an account for personal use.
You will not authorize others to use your account;
You will not assign or otherwise transfer your account to any other person or legal entity;
You will not use the Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
You will not use the Application to cause nuisance, annoyance, or inconvenience;
You will not impair the proper operation of the network;
You will not try to harm the APEXSEK website in any way whatsoever;
You will not copy, or distribute the website to other APEXSEK WEBSITE Content without written permission from the APEXSEK WEBSITE;
You will keep secure and confidential your account password or any identification which the APEXSEK WEBSITE may provide you which allows access to the Website;
You will provide the APEXSEK WEBSITE with whatever proof of identity we may request;
You will not use the Website with an incompatible or unauthorized device;
If within 24 hours a user creates more than one account on the same device, Rapido has the right to terminate his/her account;
21.The APEXSEK WEBSITE reserves the right to immediately terminate your use of the Website should you not comply with any of the rules provided in the Terms of Use.

3. PAYMENT FOR SERVICES

You shall be required to pay charges for the Services used by you either by using the online payment gateway provided in the Platform or by paying cash to the SEllers.
The rates of the Services shall be notified on the Apexsek website.
The charges for the Services shall be updated or amended from time to time at the sole discretion of the website and it shall be your responsibility to remain informed about the charges for the Services.
You agree that you will pay for all Services you purchase from the Captain either by way of credit card or debit card. In the event, the payment cannot be accepted through debit card/credit card/Platform.
Any payment made is refundable. At the end of the order, marked as complete for The Services, we will facilitate for you to receive a mail from Apexsek Website on your registered e-mail account.

4. LIABILITY

The information, recommendations provided to you on or through the website, or the Platform is for general information purposes only and does not constitute advice.
The Website will reasonably keep the website and its contents correct and up to date but does not guarantee that the website.
The Website shall further not be liable for misuse resulting from the use of or the inability to use the website, including – but not limited to – misuse resulting from failure or delay in delivery of the services, interception or manipulation of services by third parties, or by computer programs used for completed the services
The quality of the Services requested through the use of the Platform is entirely the responsibility of the Seller who ultimately provides such Services to you and the Website is not liable for the same. However, any complaints about the Services provided by the Seller should be submitted to the Website by email as notified from time to time.

6. INTELLECTUAL PROPERTY RIGHTS

The Website is the sole owner and lawful licensee of all the rights to the website, Platform, or any other digital media and its contents. The content means its design, layout, text, images, graphics, sounds, video, etc. the website, Platform, or any other digital media content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All titles, ownership, and intellectual property rights in the website and its content shall remain with the Website, its affiliates, agents, authorized representatives or licensor’s as the case may be.
All rights not otherwise claimed under this Terms of Use or by the Website are hereby reserved. The information contained in this Platform and/or website is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
The Website does not represent or endorse the accuracy or reliability of any information or advertisement contained on, distributed through, or linked, downloaded, or accessed from any of the services contained on this website or Platform, or the quality of any products, information, or other materials displayed or obtained by you as a result of any service, information or other services displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.

7. THIRD-PARTY LINKS

During the use of the website, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase services from, participate in promotions of third parties. These links take you off the website and are beyond the Website’s control.
During use of the website and the application, you may enter into correspondence with, purchaser services from, or participate in promotions of third party Captains, advertisers, or sponsors showing their services through a link on the website Service. These links take you off the website, and the Service and are beyond the Apexsek control. You, therefore, visit or access these websites entirely at your own risk.
Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.

8.TERM AND TERMINATION

The contract between the Website and you are concluded for an indefinite period. You are entitled to terminate the Contract at all times by permanent deletion of the electronic device capable of using the Platform thus disabling the use by you of the Platform and the Service.
The Website is entitled to terminate the contract at all times and with immediate effect (by disabling your use of the application and the Service) if you: (a) violate or breach any term of these Terms of Use, or (b) in the opinion of the Website, misuse of the Platform or the Service.
The Website is not obliged to give notice of the termination of the contract in advance. After termination, the Website will give notice thereof in accordance with these Terms of Use.
Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God, and similar occurrences.

9. INDEMNITY

You will indemnify and hold the Website harmless, from any and all claims, losses, liabilities, damages, expenses, and costs (including attorneys’ fees and court costs) which result from a breach or alleged breach of these Terms of Use by you.

10. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

These T&Cs shall be governed by and interpreted in all respects in accordance with the laws of the Republic of India.
Subject to the provisions made in Clause 9.3, the parties hereby submit to the exclusive jurisdiction of the courts of Andhrapradesh, India.
All disputes arising out of or in relation to these T&Cs shall be settled amicably by the parties. In the event no amicable settlement is arrived at within a period of 15 (fifteen) days from the date of the first initiation of the dispute by one party to the other, the parties shall resolve the dispute by means of arbitration pursuant to the Arbitration and Conciliation Act, 1996.
The arbitration proceedings shall be conducted by an arbitral tribunal comprising of 1 (one) arbitrator mutually appointed by you and the ApexSek Website.
The arbitration proceedings shall be conducted in English language only and the seat for arbitration shall be Andhrapradesh, India.
The award of the arbitral tribunal shall be final and binding.

11. ASSIGNMENT

You may not assign your rights under these Terms of Use without the prior written approval of the Apexsek website.

12. AMENDMENT

These Terms of Use may be amended from time to time and as and when required, at the discretion of the website.

13. SEVERABILITY

If any provision or any part of a provision of these Terms of Use is invalid, unenforceable, or prohibited by applicable laws of the Republic of India, such provision or part of a provision shall be severed from these Terms of Use and shall be considered divisible as to such provision or part thereof and such provision or part thereof shall be inoperative and shall not be part of the consideration moving between you and the Company hereto and the remainder of these Terms of Use shall be valid and binding and of like effect as though such provision was not included herein.

14. NOTICES

The APEXSEK website may or may not give notice by means of a general notice on the website, or by electronic mail to your email address on record in the Websites account information, or by written communication sent by regular mail to your address on record in APEXSEk account information.