For the purposes of these Terms of Use, the term 'Aaghaaz India' or 'Us' or 'We' refers to Aaghaaz Welfare Foundation". The term 'You' refers to the user or visitor of the Website and/or App. When You use our services, You will be subject to the terms, guidelines and policies applicable to such service and as set forth in these Terms of Use. As long as you comply with these Terms of Use, We grant You a personal, non-exclusive, nontransferable, limited privilege to enter and use our Platforms and services
1. Acceptance of Terms
These Terms of Use sets forth legally binding terms for Your use of our Platforms and services. By using the Platforms, You agree to be bound by these Terms of Use, whether You are a “Visitor” (which means that you simply browse our Platforms) or you are a “Subscriber” (which means you have registered with Aaghaaz Welfare Foundation" as a user). If You do not accept these terms, You should leave the Website and/or App and discontinue the use of the service immediately.
We may modify these Terms of Use from time to time, and such modification shall be effective upon its posting on our Platforms. You agree to be bound by any modification to these terms when You use the Platforms after any such modification is posted; it is therefore important that You review these Terms regularly.
2. General Registration Requirements
In consideration of your use of our Platforms, you represent that You are of legal age to form a binding contract and are not a person barred from receiving services under any law in force in India or other applicable jurisdiction. You also agree to:
provide true, accurate, current and complete information about yourself while registering on our Platforms to avail the Services; and
maintain and promptly update Your registration data to keep it true, accurate, current and complete.
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, We reserve the right to suspend or terminate Your account and refuse any and all current or future use of our Platforms (or any portion thereof) at any time.
There is limited content available on our Platforms. All of such content is provided to you “AS IS” for Your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Aaghaaz Welfare Foundation". Aaghaaz Welfare Foundation" reserves all rights not expressly granted in and to the Website/App and the Content.
You may access our Platforms as available for Your information and personal use.
You will be required to enter a valid phone number while registering on our Platforms as a subscriber. By registering Your phone number with us, you consent to be contacted by us via phone calls, SMS notifications or instant messages, in case of any subscription/service updates. If we do so, each communication we send You will contain instructions permitting you to "optout" of receiving future communications. In addition, if at any time You wish not to receive any future communications or You wish to have Your name deleted from our mailing lists, please contact us as indicated below. If You are registered with the DND National registry, You may not receive any promotional messages from Us.
3. Subscriber Account and Security
If You register with Shopping king, you may be required to complete a verification process as part of setting up Your account. Once set up, You are responsible for maintaining the confidentiality of Your account information, and are fully responsible for all activities that occur through Your account. Should there be instances of any unauthorized use of Your account or any other breach of security, please notify Us to stop processing requests from Your account, until further instructions.
4. Services and Payment
Shopping king’s services constitute a technology platform that connects You to a third party Shopping king partner/ Merchant to schedule and complete your everyday requirements and errands ("Services"). Shopping king does not run your tasks or errands by itself nor does it actively supervise the completion of Your tasks.
When You use the services of a service provider/ Shopping king partner/ merchant, You will incur a charge. Shopping king will facilitate your payment for the services and the service provider/partner/ merchant fee through integrated payment platforms. To the extent that shopping king receives charges on behalf of the service provider/partner/ merchant, it acts as an agent of the service provider/partner/ merchant and all payments made by You for services rendered are deemed to be payments made to the service provider/partner/ merchant. Payments are inclusive of taxes.
5. User Information
Our Services depends on the information You provide to us. You are solely responsible for and in control of the Information You provide to us
If You use the Website or the App, You agree that information about Your use of the Shopping king Platforms through Your mobile telecommunication device may be communicated to us, and we may obtain information about Your mobile carrier, Your mobile device, or Your physical location. In addition, use of our Platforms through a mobile telecommunication device may cause data to be displayed on and through Your mobile device. By accessing our Platforms using a mobile telecommunication device, You represent that to the extent You import any of Your Shopping king data to Your mobile telecommunication device that You have authority to share the transferred data with Your mobile carrier or other access provider.
In the event You change or deactivate Your mobile account, You must promptly update Your Aaghaaz Welfare Foundation" account information to ensure that Your messages are not sent to the person that acquires Your old number and failure to do so is Your responsibility. You acknowledge that You are responsible for all charges and necessary permissions related to accessing our Platforms through Your mobile access provider. Therefore, You should check with Your provider to find out if our Platforms are available for Your specific mobile devices.
Aaghaaz Welfare Foundation" reserves the right to collect user data including name, contact information and other details to facilitate the Services or use of its Platform to avail Services. All information collected from You are on a bonafide basis. Misuse and misrepresentation of identity or contact details will lead to automated termination of services or the use of the platform without the obligation of a prior notice to You.
Compilation of user accounts and user accounts bearing contact number and e-mail addresses are owned by Aaghaaz Welfare Foundation".
In the case where the system is unable to establish unique identity of the user against a valid mobile number or e-mail address, the account shall be indefinitely suspended. Aaghaaz Welfare Foundation" reserves the full discretion to suspend a user's account in the above event and does not have the liability to share any account information whatsoever.
6. Prohibited Conduct
You agree not to use the Platforms inappropriately, or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content" means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user) that:
Is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
Harasses or advocates harassment of another person
Exploits people in a sexual or violent manner
Contains nudity, violence, pornography, sexually explicit material or offensive subject matter provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files
involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming” contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page)
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses
solicits passwords or personal identifying information from other Subscribers involves commercial activities and/or sales without Aaghaaz Welfare Foundation" prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights denigrates, ridicules, or demeans another person; or contains a virus or other harmful component
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses our Platforms.
7. Termination or Suspension of Account or Services
You agree that Aaghaaz Welfare Foundation" may at any time and for any reason, terminate your access to our Platforms, or restrict or suspend your access to all or any part of the Website or the App at any time, for any or no reason, with or without prior notice, and without liability. We may also terminate the rendering of any service without prior notice or liability.
8. Preservation/Disclosure
You acknowledge, consent and agree that Aaghaaz Welfare Foundation" may access, preserve and disclose Your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
Comply with legal process nationally or internationally enforce these Terms respond to your requests for service or complete your tasks.
protect the rights, property or personal safety of SAaghaaz Welfare Foundation", its subscribers and the public, or • pursuant to the terms of the Privacy Policy.
9. Security Components
You understand that our Platforms and software embodied within the Platforms may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Aaghaaz Welfare Foundation" and/or content providers who provide content to Aaghaaz Welfare Foundation". You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded in our Platforms.
10. Proprietary Rights
All materials on our Platforms, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Aaghaaz Welfare Foundation". You acknowledge and agree that all content on our Platforms is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in our Platforms, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Aaghaaz Welfare Foundation" prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize our Platforms or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
11. Links to Third Parties
Our Platforms may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their Websites. Aaghaaz Welfare Foundation" does not assume any responsibility or liability for the actions, product, and content of any such Third Party websites. Before You use any Third Party websites, You should review the applicable terms of use and policies for such Third Party websites. If you decide to access any such linked third party website, you do so at your own risk. We may introduce you to independent third parties to complete your tasks. Where we refer independent third party service providers, You shall pay the fees directly to the service provider. Aaghaaz Welfare Foundation" disclaims all responsibility and liability as regards the services, conduct or actions of such third party.
12. General Terms and Conditions
You agree and accept that the use of the Services provided by SAaghaaz Welfare Foundation" is at Your sole risk and further acknowledge that the Company disclaims all representations and warranties of any kind, whether express or implied.
You shall ensure that You will not indulge in any of the following activities while using the service asking the service provider to break any Police and/or government rules for any purpose (especially getting the service faster). The service provider has the right to refuse such a request by You.
You agree and acknowledge that the use of the Services offered by Aaghaaz Welfare Foundation" is at Your sole risk and that Aaghaaz Welfare Foundation" disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.
Without prejudice to the above, Aaghaaz Welfare Foundation" makes no representation or warranty that the Services will meet the customer’s requirements. In all circumstances Aaghaaz Welfare Foundation" liability is limited to the service fee paid by You for the transaction in question.
Aaghaaz Welfare Foundation" will not be liable for any damages of any kind arising from the use of the Service offered by the Company, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Aaghaaz Welfare Foundation" shall be entitled at any time without giving any reason to terminate the request for services from You.
If You have any complaint in respect of the Services, You must inform Aaghaaz Welfare Foundation" of the same in writing within 24 hours of using the Services of Shoppingking.
Aaghaaz Welfare Foundation" shall not be liable for any conduct or behaviour or actions of third party service providers. However, Aaghaaz Welfare Foundation" encourages you to notify it of any complaints that you may have against the service provider that you may have hired using Aaghaaz Welfare Foundation" services.
Partners will only run Your errands as per your instructions. In the interest of user privacy, partners do not check any bags or packages for any contents. You are solely responsible for the contents of the packages.
Scheduling and rescheduling a task depends on the availability of Aaghaaz Welfare Foundation" partners at the time of scheduling and at the time of running the task. Should you choose to reschedule a task at a later point in time it will be considered as a new task.
If a partner/ service provider /merchant cannot fulfil any of your tasks, you will be notified as soon as is reasonably possible.
Under no circumstances can we run any tasks which are immoral or unlawful in nature. Aaghaaz Welfare Foundation" reserves the right to refuse to perform any tasks on the grounds of such tasks being immoral/unlawful/banned. "Aaghaaz Welfare Foundation" may also refuse to perform any task on the grounds that such task is prohibited under any contract to which we are party.
To help the service provider to serve you better, please provide as much information as possible regarding the task.
The Company is hereby authorized to use the location based information provided by any of the telecommunication companies when You use the mobile phone to request a service. The location based information will be used only to facilitate and improve service offerings to You.
In the event your task requires the purchase or sale of any product or service, such product or service is provided to you from a third party merchant. Any grievance with such product or service should be raised with such merchant. You understand and acknowledge that except for the Services, "Aaghaaz Welfare Foundation" by itself does not sell or provide any such product or service. "Aaghaaz Welfare Foundation" is not responsible for the quality, merchantability or fitness of such product or service
13. Compliance with Applicable Law
You agree that You shall not use any "Aaghaaz Welfare Foundation" Platform in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy material, including without limitation, "Aaghaaz Welfare Foundation" Content:
In violation of any applicable law or regulation,in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others, that belongs to another person and to which the user does not have any right to, that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever, harm minors in any way
Deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature, impersonate another person or entity, contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of "Aaghaaz Welfare Foundation" computer systems or site or "Aaghaaz Welfare Foundation" users, customer’s computer systems or site, threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation.
14. Intellectual Property Rights
The Services provided by "Aaghaaz Welfare Foundation" is premised on a proprietary software developed and made available exclusively by "Aaghaaz Welfare Foundation". "Aaghaaz Welfare Foundation" is the sole owner of the App, Website and all software created to provide You with the Services. "Aaghaaz Welfare Foundation" provides You with a single limited license to download, use and access the App/Website on Your mobile telephone devices for the limited purpose of using the Services. The license is specifically personal, non-transferable, and nonexclusive. All content on the App or the Website, which is including, but not limited to, designs, text, graphics, images, video, information, logos, button icons, software, audio files and any other content ("Content") are the exclusive and sole property of Aaghaaz Welfare Foundation".
15. Acceptance of Term
These Terms shall remain in full force and effect for so long as it is posted on any of our Platforms. You may terminate your use of the services at any time.
"Aaghaaz Welfare Foundation" reserves the right to terminate Your account or Your access to the Platforms immediately, with or without notice to You, and without liability to You, if "Aaghaaz Welfare Foundation" believes that You have breached any of these Terms, furnished "Aaghaaz Welfare Foundation" with false or misleading information, or interfered with use of the Platform by others
16. Disclaimer of Warranties and liability
All the material and products on our Platforms, (including but not limited to software) and services, included on or otherwise made available to you through our Platforms are provided on "AS IS" and "AS AVAILABLE" basis, without any representation or warranties, express or implied, except otherwise specified in writing. Without prejudice to the forgoing paragraph, Confidential Aaghaaz Welfare Foundation" does not warrant that the Website or App and services provided pursuant thereto will be constantly available, or available at all.
Aaghaaz Welfare Foundation" will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with its Platforms. Aaghaaz Welfare Foundation" does not warrant that the Website; information, Content, materials, product (including software) or services included on or otherwise made available to you through its Platforms; their servers; or electronic communication sent from us are free of viruses or other harmful components.
SUBJECT TO APPLICABLE LAWS, IN NO EVENT WILL SHOPPINGKING OR ITS EMPLOYEES OR ITS AGENTS AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE PAYMENTS ACTUALLY RECEIVED AND RETAINED BY SHOPPING KING FROM YOU AS SERVICE FEES FOR THE SERVICES RENDERED FOR ANY AND ALL CAUSES OF ACTION BROUGHT BY YOU OR YOUR AGENTS.
17. Exclusions and Limitations
Those who access or use our Platforms from other jurisdictions do so at their own volition and are responsible for compliance with the local law.
18. Indemnity
You agree to defend, indemnify and hold harmless Aaghaaz Welfare Foundation", its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from:
Your use of and access to our Platforms in a manner except as permitted herein
Your violation of any of these Terms or any applicable law
19. Additional Terms
We may also require You to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through our Platforms. These additional terms are part of these Terms, and You agree to comply with them when You participate in those promotions, or otherwise engage in activities governed by such additional terms. Exact price needs to be updated to Customer by DB in case of any discrepancy DB will be charged penalty.
20. Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of our Platforms (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of our Platforms.
You may discontinue using the services at any time. You may also delete your account by writing to us at support@shoppingking.in. Deletion of your account will be effective once all outstanding credits to your account have been cleared. Please note, upon deletion of your account we may still retain some information and record of transactions as required by any law, contract or policy applicable to Us.
21. Assignment
These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Aaghaaz Welfare Foundation" without restriction.
22. Integration Clause
These Terms together with the Privacy Policy and any other legal notices published by Aaghaaz Welfare Foundation" on its Platforms, shall constitute the entire agreement between you and Aaghaaz Welfare Foundation" concerning its Platforms and governs Your use of our Platforms and Service, superseding any prior agreements between You and Aaghaaz Welfare Foundation" with respect to our Platforms and Service.
23. Waiver and Severability of Terms
The failure of "Aaghaaz Welfare Foundation" to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
24. Governing Law and Venue
These Terms are governed by the laws of India. Any matters arising under these terms shall be subject to the exclusive jurisdiction of courts located in Delhi.
25. Grievance Officer
In case of any grievance arising from the use of the Website, please write to the Grievance Officer at info@aaghaazindia.com