Terms & Conditions

1. Introduction

   1. If you download the ApnaKey App from us you agree to be legally bound by this contract (the “contract”, or “Terms”, as applicable).

   2. You may only download the ApnaKey App for non-business reasons.

   3. This contract is only available in English. No other languages will apply to this contract.

   4. If you don’t understand any of this contract and want to talk to us about it, please contact us by: email at info@apnakey.com. 

When using the ApnaKey App you also agree to be legally bound by our Privacy Policy, Cookie Policy and Acceptable Use Policy, it being understood that all of the above documents form part of this contract as though set out in full here.

1. Definitions. In this contract:

“Acceptable Use Policy”

means our acceptable use policy with applies to your use of the App in addition to these Terms, it being understood that the acceptable use policy is part of these Terms, and are accessible at: https://www.apnakey.com/acceptableusepolicy;

“ApnaKey App”, or “App”, as applicable.

has the meaning given to it in clause 3.1;

“Cookie policy”

means the policy, which governs how we use cookies via the ApnaKey App;

“Content”

means (each and collectively, as applicable) any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the ApnaKey App;

“End User”

means any user of the ApnaKey App, that uses the ApnaKey App to view one or more Events on the ApnaKey App and/or (as applicable) accesses a Landing Page;

“Event”, or “Activity” (as applicable)

means each event that is listed on the ApnaKey App and which any End User can click on to be directed to its Landing Page;

“Landing Page”

Means with respect to an Event, the website associated with that Event, it being understood that any End User can access the Landing Page by clicking on the applicable Event on the ApnaKey App;

“Landing Page Content”

means (each and collectively, as applicable) any part of the Content that is content derived or linked directly from your Landing Page;

“Link”

means a hyperlink, in whatever form, which can be clicked on by an End User to direct that End User to the applicable Landing Page.

“Privacy policy”

means the policy at: https://www.apnakey.com/privacy, which governs how we process any personal data collected from you;

“We”, “us” or “our”

means APNAKEY LTD (trading as APNAKEY), a company registered in England and Wales under company registration number 13405148 and registered address: and registered office at 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ; and

“You”, “you”, or “your”

means the person that downloads the ApnaKey App from us;

1. Getting Started. Your use of the ApnaKey App is subject to the following procedure (each and collectively the “Procedure”, as applicable):

   1. The ApnaKey App can be downloaded from either the Apple or Google Play Store;

   2. After downloading the ApnaKey App, you must register your user profile (“Profile”, or “Account”, as applicable) and register your details and link your desired bank account/s with your debit and/or credit card via our third-party supplier, Stripe Payments Europe, Ltd  (“Stripe”) (“Linked”, or “Link”, as applicable), it being understood that you can link multiple bank accounts (“Registration”);

   3. Following Registration you can use the ApnaKey App to search for businesses that are listed and offering Events on the ApnaKey App (each and collectively “Merchants”, as applicable) based on your interest, it being understood that (each and collectively “Purchase”, “Booking”, or “Bookings”, as applicable):

      1. any Purchase you make from a Merchant of an Event will be via Stripe; and

      2. you must use your Linked card to make a Booking;  

   4. Bookings are always subject to the Standards (as defined below) and our Approval (as defined below);

   5. We reserve the right to charge you a commission for certain Events, it being understood that in any such case we will first communicate to you the commission rate and procedure prior to making any Booking for the Event using a notice on the App (each and collectively “Commission”, as applicable).

   6. For the avoidance of doubt, every Purchase is a direct purchase with a Merchant, so that

      1. we shall in no way be involved, responsible or assist in any Purchase of any product from a Merchant; and

      2. in the event you experience any issues with an Event you Purchase you must contact the applicable Merchant directly.

2. Membership and usage of the ApnaKey App

   1. You are only entitled to set-up one Account, and the legal owner of the email address used to Register shall be deemed to be the Account owner.

   2. We reserve the right to refuse any Registration and or terminate any Account in accordance with these Terms.

3. Approval. You acknowledge and agree that any Purchase of an Event will only be settled if we approve it internally first, on the understanding that we shall only approve your Purchase if the Standards (as defined below) have been satisfied (each and collectively “Approval” or “Approve”, as applicable). 

4. Making a Booking. The Parties agree that (each and collectively the “Standards”, as applicable):

   1. every Purchase is a direct purchase with a Merchant;

   2. the price of an Event will depend on the applicable terms of the Merchant offer, which will be detailed on the App from time to time (the “Merchant Event Terms”); 

   3. when you make a Purchase it will be tracked to allow us to validate and identify details of the Purchase, and after the Purchase has been verified and Approved by us, your Account will be updated with confirmed Booking, it being understood that we always must successfully identify the Purchase transaction between you and the Merchant (“Identification”);

   4. any Purchase must be a genuine Purchase, and we shall determine in our absolute discretion whether a Purchase is genuine, on the understanding that we will confirm with the applicable Merchant the facts relevant to our determination;

   5. the Purchase with a Merchant must be made via the Linked card, for the avoidance of doubt;

   6. we aim to process your Booking  within 24 hours after our Approval, it being understood that such processing may take longer from time to time, as we depend on data from your Linked bank (each and collectively “Processing” or “Process”, as applicable);

   7. if you notify us that a Booking has not been reported in your Account pursuant to a Purchase (each and collectively a “Claim”, as applicable) we will use reasonable endeavours to investigate such Claim with the applicable Merchant subject always to our right to cease investigations at any point at our absolute discretion;

   8. our decision is final in relation to the Approval;

   9. we will use reasonable endeavours to Process your Booking subject to our Approval, however we cannot guarantee that we will successfully Process your Booking (“Processing Failure”), it being understood that:

      1. a Processing Failure can occur for a range of reasons including without limitation if there are insufficient funds in your Account or if you have submitted incorrect Registration details; and

      2. in the event Funds are sent to an incorrect address due to a Processing Failure such Funds may not be recoverable and/or may be subject to a recovery fee if you request a recovery;

 

1. you acknowledge and understand that we will at no point operate any form of custodial or banking service; and

2. we reserve the right to suspend Processing at any time without notice to you if we reasonably suspect fraudulent activity has taken place.

1. Managing your account

   1. You agree to keep your Account up to date with your current email address to make sure you do not miss out on any important information about your Account and in support of proper Processing, on the understanding we are entitled to terminate your Account if the email address provided in your Registration is not serviceable.

   2. You shall be provided with some functionality in the ApnaKey App to manage your Account and Profile, through which you will be able to adjust the use of ‘Push’ and ‘Email’ notifications and Location Sharing, on the understanding that you must not unsubscribe to service emails which we deem to be essential to use the ApnaKey App. Please refer to our Privacy Policy for detailed information on how we process your personal information.

   3. You agree to ensure the username you use on the ApnaKey App is not offensive or used in any way which may represent any trademarks or brand names, on the understanding that if we detect any usernames contravening this provision we shall contact you and request that you update your username; and a failure by you to respond within 14 days from our contact may result in your Account being terminated and any earnings forfeited. Please refer to our Acceptable Use Policy for further information on what we deem acceptable use of the App.

2. Voucher codes

We do not guarantee that any voucher code (also known as a discount code or coupon code) for an Event (“Voucher Code”) that is advertised on the App is valid and we shall not be held liable in any way whatsoever if a Voucher Code fails to apply a discount to your Purchase.

1. Using the App

   1. The App is for your personal and non-commercial use only.

   2. You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the App.

   3. We make no promise that the App is appropriate or available for use in locations outside of the UK. If you choose to access the App from locations outside the UK, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.

   4. We try to make the App as accessible as possible, and if you have any difficulties using the App you should please contact us using the contact details at the top of this page.

   5. As a condition of your use of the App, you agree to comply with our Acceptable Use Policy and agree not to:

      1. misuse or attack our App by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack), or

      2. attempt to gain unauthorised access to our App, the server on which our App is stored or any server, computer or database connected to our App or the ApnaKey App.

   6. We may prevent or suspend your access to the App if you do not comply with these Terms or any applicable law.

2. Infringing content

   1. We will use reasonable efforts to:

      1. delete accounts which are being used in an inappropriate manner or in breach of these Terms; and

      2. identify and remove any content that is inappropriate, defamatory, infringes intellectual property rights or is otherwise in breach of our Acceptable Use Policy,

when we are notified, but we cannot be responsible if you have failed to provide us with the relevant information.

1. If you believe that any content which is distributed or published by the App is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details at the top of this page.

1. Using the ApnaKey App

   1. You are entitled to browse the ApnaKey App for Events you are interested in and click on any Event you want to enquire more about (each a “click”). Every time you are logged in as an End User of the ApnaKey App and you click on an Event you will be able to make a Booking.

   2. It is ApnaKey’s company policy not to market any ApnaKey products or services to persons under eighteen (18) years of age. ApnaKey does not knowingly gather or solicit data from persons under eighteen (18) years of age through this ApnaKey App for marketing purposes. You herewith warrant that you are not under eighteen (18) years of age.

   3. You agree that you are solely responsible for:

a) all costs and expenses you may incur in relation to your use of the ApnaKey App; and

b) keeping your password and other account details confidential.

1. The ApnaKey App is intended for use only by those who can access it from within the United Kingdom.  

2. We seek to make the ApnaKey App as accessible as possible. If you have any difficulties using the ApnaKey App, please contact us at info@apnakey.com.

3. We may prevent or suspend your access to the ApnaKey App if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.

 

1. Your privacy and personal information

   1. Our Privacy Policy is available at https://www.apnakey.com/privacy.

   2. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

2. Downloading the ApnaKey App from the Apple App Store or Google App Store

   1. Below, we set out how a legally binding contract between you and us is made.

   2. Before you download the ApnaKey App you must check that the hardware and software requirements of your computer or device mean that you can download the ApnaKey App.

   3. The moment you proceed to download the ApnaKey App from the Apple App Store at: https://apps.apple.com/us/app/apnakey/id1542599704?ign-mpt=uo%3D2, or Google App Store at: https://play.google.com/store/apps/details?id=com.giantft.bobbs.projectx&gl=GB, a contract will be executed between you and us.

3. You right to cancel

You are entitled to cancel and terminate this contract and your use of the ApnaKey App at any time by deleting your Account and uninstalling the ApnaKey App from your device.

1. Permission to use the ApnaKey App

   1. When you downloaded the ApnaKey App you will not own it. Instead, in exchange for and consideration of your use of the ApnaKey App which may result in earnings of ApnaKey from the applicable Merchant of the Event you made a Booking for (and where applicable Commission), we give you permission to use it (also known as a ‘licence’) for the purpose of you using and enjoying it according to this contract.

   2. The ApnaKey App:

      1. is personal to you. You can only use it in the United Kingdom (for the avoidance of doubt);

      2. is non-exclusive to you. We may supply the same or similar application to other users;

      3. may be used only on any number computers or devices with the log in details set-up during your Registration;

      4. may not be:

         1. copied by you except for a reasonable number of necessary back-ups;

         2. changed by you (which means, in particular, that you are not allowed to adapt, reverse-engineer or decompile it, or try to extract the source code from it, except where any of this is allowed by law);

         3. combined or merged with, or used in, any other computer program;

         4. distributed or sold by you to any third party;

      5. includes a description of the customer journey within the ApnaKey App. Please follow it carefully;

      6. includes:

         1. updates;

         2. upgrades;

         3. new releases;

         4. new versions; and

      7. contains information which is owned by us or third parties or both. You must not conceal, change or remove any markings which show who owns this information, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings.

   3. Except where you have permission to use the ApnaKey App under this clause 13, you will not obtain any rights of ownership or other rights (of whatever nature) in the ApnaKey App or in any copies of it.

2. Social Media on the ApnaKey App

   1. We may make certain social media functions available on the App, allowing you to interact with other End Users and Merchants (“Social Media”).

   2. Any use of Social Media on the App is subject to our Acceptable Use Policy, in addition to the remaining provisions contained herein.

   3. While we try to make sure that the App is secure, we do not actively monitor or check whether information supplied to us through the App is confidential, commercially sensitive or valuable.

   4. Other than any personal information which will be dealt with in accordance with our Privacy Policy, we do not guarantee that information supplied to us through the App will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.

3. Accuracy of information and availability of the App

   1. We try to make sure that the App is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the App will be fit or suitable for any purpose. Any reliance that you may place on the information on the App is at your own risk.

   2. We may suspend or terminate access or operation of the App at any time as we see fit.

   3. Any Content on the App and information on the App is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites and Merchants that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our App.

   4. While we try to make sure that the App is available for your use, we do not promise that the App will be available at all times or that your use of the App will be uninterrupted.

4. Hyperlinks and third party sites

The App may contain hyperlinks or references to third party advertising and websites other than the App and the App. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk.

1. Limitation on our liability

   1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

      1. losses that were not foreseeable to you and us when these Terms were formed;

      2. losses that were not caused by any breach on our part;

      3. business losses; and

      4. losses to non-consumers.

2. Events beyond our control

We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control, including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; flood, fire, explosion or accident; or epidemics or pandemics.

1. Rights of third parties

No one other than a party to these Terms has any right to enforce any of these Terms.

1. Variation

   1. No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 16.

   2. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the App and by continuing to use and access the App following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

2. End of the contract

   1. You can delete your Account at any time by clicking on ‘Profile’, ‘Help’, and then ‘Delete my account’ within the ApnaKey App; and then clicking on ‘Delete me’, and the Account will get deleted in less than 1 (one) week, it being understood that if there active Bookings in your Account you are not entitled to Delete your Account.

   2. In the event of fraudulent, abusive or other activity we determine to be unfair, we reserve the right to terminate your Account.

   3. Please note that your Account may be disabled if we deem it to be dormant, in our absolute discretion, and to keep your Account active, you are required to log into your Account at least once every 12 months (although you are not required to make any Purchase).

   4. If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

3. Limit on our responsibility to you

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any losses you incur as a result of your use of the ApnaKey App.

1. Disputes

   1. We will try to resolve any disputes with you quickly and efficiently.

   2. If you are unhappy with:

      1. the ApnaKey App; or

      2. any other matter,

please contact us as soon as possible.

1. If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:

   1. let you know that we cannot settle the dispute with you; and

   2. give you certain information required by law about our alternative dispute resolution provider. You may also use the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the website on the ‘Your Europe’ portal: https://webgate.ec.europa.eu/odr.

2. If you want to take court proceedings, the relevant courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.

3. The laws of England and Wales will apply to this contract.

1. Third party rights

   1. No one other than a party to this contract has any right to enforce any term of this contract.