This document is an electronic record under the amended Information Technology Act, 2000, and the rules and regulations made thereunder. This electronic record is generated by a computer system and does not require physical or digital signatures. It is published in accordance with Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, requiring the publication of terms for access or usage of Vyapardial’s services via the Vyapardial Portal. This document meets the stipulations mentioned in Section 65B (2) of the Indian Evidence Act, 1872.

YOUR ACCEPTANCE OF THIS AGREEMENT:
This agreement is between you (“you” or “your”) and PATHAN’S APPLE INFOTECH PRIVATE LIMITED, a company incorporated under the Companies Act, 1956, with its registered office at NO.40/3136 C Kunnath Building, SN Junction, Palarivattom, Cochin 682025, Kerala State, India (“Vyapardial,” “we,” or “our”). It governs your use of the search services offered by Vyapardial through its website www.vyapardial.com (“Website”), telephone search, SMS, WAP, or any other medium through which Vyapardial may provide these services (collectively “Platforms”). By accessing or using any of the Platforms, you agree to be bound by these Terms and Conditions (“Terms”).

CHANGES:
We may periodically change the Terms and the Site without notice. You are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon posting to the Site, and any use of the Site after such revisions signifies your consent to the changes.

HOW YOU MAY USE OUR MATERIALS:
Vyapardial uses a diverse range of information, text, photographs, designs, graphics, images, sound and video recordings, animation, content, advertisements, and other materials and effects (collectively “Materials”) for the search services on the Platforms. We provide the Materials through the Platforms FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY.

While every attempt has been made to ascertain the authenticity of the Platform’s content, Vyapardial is not liable for any damages, losses, or actions arising directly or indirectly from the access and/or use of the content on the Platforms, including decisions based on the content that result in loss of data, revenue, profits, property, infection by viruses, etc.

Accordingly, you may view, use, copy, and distribute the Materials found on the Platforms for internal, non-commercial, informational purposes only. You are prohibited from data mining, scraping, crawling, or using any process that sends automated queries to Vyapardial. You may not use the Platforms to compile a collection of listings, including a competing listing product or service. You may not use the Platforms or any Materials for unsolicited commercial e-mail. Except as authorized herein, you are not granted a license under any copyright, trademark, patent, or other intellectual property right in the Materials or the products, services, processes, or technology described therein. All such rights are retained by Vyapardial, its subsidiaries, parent companies, and/or any third-party owners.

HOW YOU MAY USE OUR MARKS:
You are not authorized to use any Vyapardial name or mark in advertising, publicity, or any other commercial manner without prior written consent from Vyapardial. Requests for authorization should be made to support@vyapardial.com.

HOW WE MAY USE INFORMATION YOU PROVIDE TO US:
Do not send us any confidential or proprietary information. Except for personally identifiable information that we agree to keep confidential as provided in our Privacy Policy, any material you send us, including feedback, data, answers, questions, comments, suggestions, ideas, or the like, will be treated as non-confidential and non-proprietary. We assume no obligation to protect such information from disclosure and are free to reproduce, use, and distribute it to others without restriction. We may also use any ideas, concepts, know-how, or techniques contained in your communications for any purpose, including developing, manufacturing, and marketing products and services incorporating such information.

REVIEWS, RATINGS & COMMENTS BY USERS:
Vyapardial provides information directory services through various mediums (SMS, WAP, E-Mail, Website, APP, and voice or phone). Your use of these mediums to post Reviews, Ratings, and Comments about Vyapardial’s services and the Advertisers listed on Vyapardial is subject to additional terms and conditions as mentioned herein.

You are solely responsible for the content of any transmissions you make to the Site or any mediums offered by Vyapardial, including your Reviews, Ratings & Comments (the “Communications”). Vyapardial does not endorse or accept your Communications as representative of its views. By transmitting any public Communication to the Site, you grant Vyapardial an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, create derivative works from, incorporate into compilations, and otherwise exploit such Communications across all Platforms.

You confirm that you have the right to grant these rights to Vyapardial. You hereby waive and grant Vyapardial all rights, including intellectual property rights and “moral rights” in your Communications posted through any of its mediums. Vyapardial may use all your Communications as needed. You represent and warrant that you own or control all rights to the content you post as Reviews, Ratings, or Comments; that the content is accurate; and that its use does not violate these Terms or cause injury to any person or entity. The reference to Communications includes reviews, ratings, and comments posted by your friends tagged by you. Vyapardial reserves the right to mask or unmask your identity regarding your Reviews, Ratings & Comments.

Vyapardial has the right, but not the obligation, to monitor, edit, or remove any content you post as Reviews, Ratings, or Comments. Vyapardial cannot review all Communications made on its mediums but reserves the right to monitor, edit, modify, or delete any Communications deemed inappropriate, offensive, contrary to policy, or in violation of these Terms.

Vyapardial reserves the right not to upload or publish through the Site any Communication which:

Is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;
Contains false or misleading statements of origin or fact;
Slanders, libels, defames, disparages, or violates the legal rights of any third party;
Causes injury to any person or entity;
Infringes intellectual property rights, contract rights, trade secrets, privacy or publicity rights, or any other rights of any third party;
Violates any applicable laws, rules, or regulations;
Contains software viruses or malicious code designed to disrupt or limit functionality;
Impersonates another person or entity, or collects or uses information about Site visitors.
If there are any issues or claims arising from your posts as Reviews, Ratings, and Comments, Vyapardial reserves the right to take appropriate legal action against you. You shall indemnify and protect Vyapardial against claims, damages, or issues arising from your postings. Vyapardial takes no responsibility and assumes no liability for any content posted by you or any third party on the Vyapardial site or mediums.

You further acknowledge that prohibited conduct includes breaching or attempting to breach the security of the Site or any of the mediums of Vyapardial.

CONTENT DISCLAIMER

Vyapardial provides information created and supplied by various third parties, including advertisers, content partners, software developers, publishers, marketing agents, employees, users, and resellers. While we strive to ensure the accuracy and authenticity of the content available on our Platforms, we do not control the content’s accuracy, integrity, or quality. The information presented may contain technical inaccuracies or typographical errors. We make no guarantees regarding the authenticity, currency, quality, or legality of any information, including compliance with intellectual property rights, and we accept no liability for any loss or damage arising directly or indirectly from the use of such content, including errors or omissions.

All data regarding products and promotions, including pricing and availability, is subject to change without notice. Users are encouraged to exercise discretion while using the Platforms.

Vyapardial reserves the right to make improvements, corrections, or changes to any part of the Platforms at our discretion and without any obligation. Although we aim to update information in a timely manner, we are not liable for inaccuracies.

All rights, title, and interest, including trademarks and copyrights associated with our domain name and content hosted on our Platforms, are reserved by Vyapardial. Users are permitted to read, print, or download content for personal use only. Unauthorized reproduction or distribution of any information from our Platforms is strictly prohibited and may lead to legal action.

Links to external websites are provided for user convenience. The inclusion of any external link does not imply endorsement by Vyapardial. We do not control the availability or performance of external websites. Users should be aware that some external content may be objectionable or offensive. We take no responsibility for the accuracy, legality, or decency of material in externally linked websites.

Vyapardial does not verify the accuracy or correctness of information contributed by the public through reader participation sections. We reserve the right to accept or reject user-generated content and to modify access rules for users at our discretion.

WARRANTY DISCLAIMER

Providers of goods and services are allowed to register with Vyapardial without prior examination of their reputation or quality. It is the user’s responsibility to ensure the reliability of all relevant aspects before engaging with any advertiser. Vyapardial does not negotiate terms of engagement with advertisers; all interactions and purchases are at the user’s own risk.

We do not investigate or endorse the accuracy or reliability of any products, services, or promotions featured on our Platforms. References to third-party products or services do not imply endorsement or recommendation from Vyapardial regarding their quality.

Any use of the Platforms or reliance on the provided materials is at your own risk. Vyapardial disclaims all responsibility for the accuracy, legality, or reliability of information displayed in search results.

The content and Platforms are provided “as is” and “as available,” without any express or implied warranties, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose. Vyapardial does not guarantee that any defects will be corrected or that the content is free from viruses or harmful components.

Vyapardial disclaims any and all warranties to the fullest extent permitted by law. This includes any information, goods, or services obtained through links provided by the Platforms. Users should note that some jurisdictions do not allow the exclusion of implied warranties, so these disclaimers may not apply to everyone.

ADDITIONAL DISCLAIMER

Users accessing any of Vyapardial’s services through various mediums, including the website, SMS, phone, or any other platform, are cautioned to conduct proper inquiries before relying upon, acting upon, or entering into any transaction (of any kind, including but not limited to monetary transactions) with the advertisers listed on Vyapardial.

All users are advised that any information provided or received from advertisers is taken in good faith, without suspicion regarding the bona fides of the advertisers. Vyapardial does not confirm, acknowledge, or endorse the claims and representations made by advertisers listed on the platform. Furthermore, Vyapardial is not responsible for any actions taken by advertisers listed on the platform.

LIMITATION OF LIABILITY

IN NO EVENT SHALL VYAPARDIAL BE LIABLE TO ANY USER FOR DAMAGES ARISING FROM USE, MISUSE, OR RELIANCE ON THE PLATFORMS, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA. This applies regardless of the basis of the claim, whether in warranty, contract, intellectual property infringement, tort (including negligence), or other theory, even if Vyapardial has been advised of the possibility of such damage. Vyapardial does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, products, or processes disclosed on the platforms.

The user of the platforms assumes all responsibility and risk for their use and acknowledges that these limitations apply notwithstanding any failure of the essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above exclusions may not apply to all users; in such cases, liability is limited to the fullest extent permitted by law.

THIRD PARTY SITES

Your correspondence or dealings with, or participation in sales promotions of, advertisers or service providers found on or through the platforms—including payment and delivery of related goods or services, and any other terms, conditions, and warranties or representations associated with such dealings—are solely between you and those advertisers or service providers. You assume all risks arising from transactions over the internet, and you agree that Vyapardial is not responsible for any loss or results of the presence of information about or links to such advertisers or service providers on the platforms.

You acknowledge and agree that Vyapardial is not responsible for the availability, accuracy, authenticity, copyright compliance, legality, decency, or any other aspect of the content, advertising, products, services, or other materials on or available from such sites or resources. Your use of these linked sites is subject to different terms of use than these terms, and may be governed by different privacy practices. Vyapardial does not assume any responsibility for reviewing or enforcing local licensing requirements applicable to businesses listed on the platforms.

MONITORING OF MATERIALS TRANSMITTED BY YOU

Changes may periodically be incorporated into the platforms. Vyapardial may make improvements and/or changes in the products, services, and/or programs described on these platforms without notice. While not obligated to monitor the material residing on or transmitted to the platforms, Vyapardial may periodically monitor the content to comply with laws and regulations, or to operate the platforms properly or protect itself and its users. Vyapardial reserves the right to modify, reject, or eliminate any material it deems unacceptable or in violation of the law or these terms.

Vyapardial will delete any materials at the request of the user who submitted them or at the request of an advertiser who opts out of having their materials included. Vyapardial reserves the right to delete (or refuse to post) any materials it deems detrimental to the system, or potentially defamatory, infringing, or violating applicable law. Materials submitted for publication on the platforms may be edited for length, clarity, and/or consistency with Vyapardial’s editorial standards.

INDEMNIFICATION

You agree to indemnify and hold Vyapardial and its parent, subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these terms, violation of any law, or infringement of any rights of a third party. These obligations will survive any termination of the terms.

MISCELLANEOUS

These terms will be governed by and construed in accordance with Indian laws, without regard to conflict of laws provisions. You agree to submit to personal jurisdiction in India. You agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods. You are responsible for compliance with applicable laws. If any provision of these terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. These terms constitute the entire agreement between us and supersede all prior agreements regarding the subject matter. Any waiver of any provision will be effective only if in writing and signed by both parties. Vyapardial reserves the right to investigate complaints or reported violations of these terms and to take necessary actions, including reporting unlawful activity to law enforcement.

ENTIRE AGREEMENT

These terms constitute the entire agreement between you and Vyapardial regarding the subject matter and supersede all prior written or oral communications regarding the same. You should not rely on any representations or warranties not expressly set forth in these terms. Any modifications to these terms must be in writing and signed by both parties, except that Vyapardial may change these terms from time to time, with such revised terms effective upon written notice or posting on the website.

For any complaints or concerns, please visit our online customer care page or email us at support@vyapardial.com.