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These Terms and Conditions tell you the rules for using our App and Website.
By using our App and Website you accept these termsBy downloading and using the ApnaKey App from us or using our website, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our App and/or Website.
These terms are important because they set out the terms on which you make booking requests through us and how to find the specific terms which apply to an activity or event offered by third-party merchants.
This contract is only available in English. No other languages will apply to this contract. 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. You can use this email for all forms of contact with us referred to in these terms.
There are other terms that may apply to youThese terms of use refer to the following additional terms, which also apply to your use of our App and Website:
Our Privacy Policy, Cookie Policy, Content Standards and Acceptable Use Policy also form part of the contract between us.
These terms are organised into sections. The headings do not add to the meaning of those sections.
INTRODUCTION
The Website and App are operated by ApnaKey Ltd. In these terms “we” means and “us” or “our” refers to ApnaKey Ltd, a company registered in England and Wales under company registration number 13405148 with our registered office at 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ; and “you” means you and anyone acting on your behalf or using your device to access our services.
We provide the ApnaKey App and Website to allow you to book services or experiences provided by a third party who decide to use our platforms. We call this third party a Merchant. We are able to provide this service because we take commissions from the Merchant or charge you a booking fee. We are responsible for the booking process only. We are not responsible for your ticket and have no liability to you in relation to your Booking, except as described in these Terms.
When a Merchant sells you a ticket or sets the specific date and time for the booking that they are offering on our App and Website, we call this an Event. We call other bookings offered by a Merchant where you can select a date and time an “Activity”. The Merchant is responsible for providing their Activities and Events, and we do not run them. We are not responsible for your experience on an Activity nor Event.
To contact us, please email info@apnakey.com.
We may make changes to these termsWe amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. [These terms were most recently updated on 15th June 2024].
These terms apply to the booking process and your use of our App and Website.
When the following terms appear in these terms, they have the following meanings:
Definition | Meaning |
---|---|
Acceptable Use Policy | Our acceptable use policy accessible at: https://www.apnakey.com/policy; |
Account | Your account with us |
Activity | The meaning given to an Activity in clause 1 |
App | Means any mobile application developed and made available to the public by ApnaKey Ltd, through which Users can receive the Service; |
Booking | Your booking for an Activity or Event made through our App or Website |
Booking fee | Any booking fee which we charge you in addition to the cost of the Activity or Event |
Cookie policy | Our current Cookie policy which governs how we use cookies via the ApnaKey App and Website; |
Content | all text, images, video, audio or other multimedia content, software or other information or material submitted to or on the ApnaKey App |
Event | The meaning given to an Event in clause 1 |
Landing Page | The website under www.apnakey.com or information in the App associated with an Activity, Event or Merchant (as applicable) |
Linked Card | A payment method that you select as the default debit or credit card that we should use to take payment for your Bookings |
Listing | The information provided on our App or Website about an Activity or Event |
Merchant | A third party who offers Activities and/or Events on our App or Website |
Payment Processor | The third-party payment processor that we use to take payments from you, which is currently Stripe Payments Europe Ltd. |
Privacy policy | The policy at: https://www.apnakey.com/privacy, which governs how we process any personal data collected from you |
Profile | Information about you stored on our services for uses connected to your Bookings and use of our App and Website. |
Voucher Code | voucher, discount or coupon code for an Activity or Event. |
Website | Means the website with URL apnakey.com or such other URL or URLS as ApnaKey Ltd may provide the Service. |
Definition | Meaning |
In this agreement unless the context otherwise requires:
You can download our App from the Apple or Google Play Store and can access the services that we offer through our Website (www.apnakey.com). When you download our App or make a Booking, you accept these terms and any other Terms that you’re provided with during the booking process.
You can use our Website to search for Activities and Events offered by Merchants before being registered an Account. You can use our App and make Bookings through our Website if you have:
We reserve the right to refuse any registration and/or terminate any Account if you breach these terms.
Once you have registered an Account, you can request a Booking through a Listing by completing all required details, accepting the applicable Merchant Terms and making the payment that is required for the confirmation of the Booking. You should carefully follow the instructions (including a description of the customer journey) on the App and Website to complete a Booking.
When you are the person making a Booking on behalf of a group of people or are confirming group details, if you provide personal data for other people in a group booking, you are responsible for obtaining permission to share that data with us and the Merchant before providing us with their personal data. Details such as passenger names may be used to issue your tickets, so make sure what you are providing is correct as we cannot be held responsible for any spelling mistakes that you make.
Every purchase of an Activity or Event is a direct purchase from a Merchant. The Merchant is solely responsible for the experience related to the Activity and/or Event. The terms on which the Merchant is selling the Activity or Event appear in the Listing for the Activity or Event. By making a Booking, you are accepting the Merchant’s terms and policies (in addition to these Terms and Conditions).
Whether you can cancel a Booking depends on the Merchant’s terms and policies. So, you should only complete and pay for a Booking once you are sure you wish to make the Booking. You are not always entitled to cancel an Activity or Event. Some Bookings might be cancellable with payment of a fee, and deadlines may apply. If the possibility of cancelling the Booking is important to you, you should specifically check whether this is available by consulting the Listing and Merchant’s terms and policies. If a right to cancel is not mentioned and you are not entitled by law to cancel, the Booking is not cancellable. If you cancel a Booking or do not show up for the Activity or Event, the amount of any cancellation fee, any refund and whether we make a refund to you or charge additional sums will depend on the Merchant’s terms and policies.
If you experience any issues with an Activity or Event booked through the App or Website, you must contact the Merchant of that Activity or Event directly. We will not be involved in the resolution of any query you have about a Booking nor in any dispute you have with the Merchant.
The price of an Activity or Event depends on the terms set by the Merchant. You must pay this and any booking fee that applies to your Booking. You are also responsible for paying the tax and all charges and expenses you incur through the use of the App and Website. We will collect these payments from you at the time when they are due using the payment method that you select during the booking process and in default of any selection, will collect it from your Linked Card using our Payment Processor.
You can register more than one payment method so must take care to choose the correct and valid payment type when you submit payment details for a Booking.
For some Activities and Events, the Merchant may require a further payment taken during the Activity or Event. If so, this will be explained in the Listing, and you will need to present a valid method of payment as required by the Merchant.
If you know of or suspect any fraudulent behaviour or unauthorised use of your payment method, contact your payment provider or bank as soon as possible.
If you pay for only part of a Booking in advance, the Merchant may cancel the Booking without notice if they do not receive or cannot collect the remaining payment or other sums payable on the date specified. If the Merchant does cancel, it is the Merchant’s choice whether or not to ask us to refund any non-refundable payment you’ve made through our App or Website. Therefore, it is your responsibility to make sure the payment is processed on time, that your card details are correct, and that there is enough money or credit available to make all payments required by the Listing.
After you request a Booking, we will use reasonable endeavours to confirm the following:
We have complete discretion whether to accept a Booking or not when we believe that any of the requirements are not met, provided we have made reasonable enquiries about the requirements with the relevant Merchant.
If we approve your Booking, we will:
You must check that you have received confirmation of the Booking since your Booking is only accepted when we have made the Booking visible as a confirmed Booking in your online Account.
If we have not confirmed a Booking in your Account following a Booking, you can ask us to open and investigate this. We will then make reasonable enquiries to investigate this with the applicable Merchant. We can cease investigations at any point at our absolute discretion and our decision is final over whether or not to approve the Booking.
We cannot guarantee that we will successfully process your Booking. If we cannot confirm your Booking but have received it:
unless telling you or refunding the payment would contravene applicable laws and/or prevent or obstruct the detection or prevention of fraud or other illegal activities.
If we cancel a Booking for any other reason, you may not (depending on the circumstances) be entitled to a refund.
If you have made a payment to a third party or direct to a Merchant for your Booking, we will not refund this in any circumstances since we did not and do not control those funds. You should contact the person to whom you made the payment if you believe you are entitled to a refund.
When you download our App, we give you non-exclusive permission to use it (known as a ‘license’) for the purpose of making Bookings for your personal use only. We may make certain social media functions available on our App and Website, allowing you to interact with other users of our App and Website. We may also create other functionality and services. All use of our services, including our App, Website and social media functionality in our App is subject to the following acceptable use terms.
You can only use our services in the United Kingdom. When using our services, you must use the log-in details set up for your Account with us.
Your licence includes the right to use updates, upgrades, new releases and new versions of our App. Other than this licence you will not obtain any rights of ownership or other rights (of whatever nature) in the App nor Content on the Website nor in any copies of them.
You can keep a reasonable number of back-ups of our App and retain web content in a browser cache but must not otherwise:
You must not:
You must not:
If we detect any usernames contravening this provision we will usually request that you change your username. If you do not comply with the request and this provision within 14 days from when we send this request we can terminate your Account and you will lose any incentives, voucher code entitlement or other benefits held under your Account.
You must also:
If you upload a review and/or picture for a Listing, you’re confirming that:
If you do not comply with any term in these terms and conditions, the Merchant terms and any policies to which they refer or any applicable law we may
Even though the above provisions may give us other rights to prevent or suspend your use of our services, we can also terminate your Account immediately without notice to you if:
On termination of your Account you will lose any incentives, discounts, voucher code entitlement or other benefits held under your Account
We do not market any products or services to persons under eighteen years of age. Unless otherwise indicated, you need to be at least 18 to use our App and Website and cannot make Bookings if you are under 18.
You can contact us at info@apnakey.com and can find contact details for the Merchant on the page for the listing of each Activity or Event or on the Landing Page for the Merchant. Please quote your full name, username and any booking reference number in any communication.
We and any Merchant with whom you make Bookings will contact you through your online Account and/or the email address set up under your account if necessary. You should ensure that info@apnakey.com is set up as a trusted sender and check junk mail for communications from us.
The Account owner is the legal owner of the email address used to register the Account. Each person can set up only one Account.
You are responsible for keeping your personal and contact details up to date on your Account. You are also responsible for anything that happens with your Account, so must not let anyone else use it, and must keep your username and password secret.
To make sure you do not miss important information about your Account and to support accurate processing and confirmation of Bookings you must:
Your privacy and personal information are important to us. We will process any personal information that you give us in line with our Privacy Policy. This is available at https://www.apnakey.com/privacy and contains detailed information about how we process your personal information.
We do not knowingly gather or solicit data from persons under eighteen years of age for marketing purposes. 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.
From time to time we may make discounts or incentives available to you using a voucher code or Merchants may release voucher codes. These can only be applied at the time of booking, hold no value in themselves, cannot reduce the cost of a Booking below zero and can only be used by others if it is clear that is permitted from the terms of the offer. We do not guarantee that any voucher code for a discount or incentive that is advertised on the App, Website or elsewhere is valid and we shall not be held liable in any way whatsoever if a voucher code fails to apply a discount to your Booking. You should check that any applicable discount has been applied before paying.
You are only entitled to apply any offered discount or incentive to a Booking if at the time of qualification and at the time of applying the discount or incentive to a Booking:
We can cancel or disapply any discount or incentive that is obtained through fraud, deception or in breach of these terms.
We try to make the App and Website as accessible as possible, so if you have any difficulties using them, please contact us.
We will use reasonable endeavours to make sure that the App and Website are accurate, up-to-date, and free from bugs, but we cannot promise that it will be. We cannot promise that the App will be fit or suitable for any purpose that is not made known to us. Any reliance that you may place on the information on the App is at your own risk.
Our App is intended only to be accessed from within the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations. They are designed to be suitable for booking Activities and Events in the UK and from the UK. We make no promise that the App and Website are appropriate for use in locations outside of the UK nor for Activities and Events outside the UK. If you choose to access the App from locations outside the UK, you acknowledge you do so at your own risk and are responsible for compliance with local laws.
You can terminate this contract and your use of our App and Website at any time by deleting your Account and uninstalling our App from your device. Cancelling this contract does not cancel bookings made through this contract.
Provided that you have no active Booking(s) on your Account, you can delete your Account within the App at any time by clicking on ‘Profile’, ‘Help’, then ‘Delete my account’; then select ‘Delete me’. We will delete your Account within one week. However, if you have any active Booking(s) we will not delete your Account and you should apply to delete your account again after the last of your Bookings has happened.
In addition to other rights to terminate your Account, we can terminate it if we consider in our reasonable discretion that it is dormant. For the avoidance of doubt, if you have not logged into your Account for 12 months we will consider that it is dormant. Therefore, to keep your Account active, you must log in to your Account at least once every 12 months, whether or not to make a Booking.
Ending this contract will not affect our right to receive any money which you owe to us under this contract.
The fact that a listing appears on our App or Website is not a recommendation or endorsement of any Merchant, its Activities, Events, products, services, personnel or facilities.
We receive information for Listings from Merchants, and we cannot guarantee that everything is accurate. However, when providing information in Listings and setting up Merchant information in our App and Website we take reasonable care and act with professional diligence. Unless we have failed to do so, or have been negligent, we cannot be held responsible for any errors, interruptions, or missing information. We will do everything we can to correct/fix inaccuracies as soon as we become aware of them.
Obvious errors and obvious misprints are not binding. By way of example only, if there is an obvious error in the price, date or time of a Listing we or the Merchant may cancel your Booking and payments you have made will be refunded.
If you believe that any content which is distributed or published by our App or on our Website is inappropriate, defamatory, infringes on intellectual property rights or the section of these terms on Acceptable Use, you should contact us immediately. We will then use reasonable efforts (at our discretion) to:
but we are not responsible to do this if you fail to provide us with the relevant information.
Any information on the App and Website which is not directly related to a Listing is provided for your general information purposes only and to inform you about us and our products. It may include news, features, services, and other websites and Merchants that may be of interest. However, these have not been tailored to your specific requirements or circumstances. That information 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 and Website.
Our App and Website may contain hyperlinks to, references to or feature third-party advertising and websites outside of our App and Website. Any such hyperlinks, references or featured information are provided for your convenience and interest only and are not part of the functionality of the App nor Website. 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 this 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.
You do not obtain any right, title or interest in any intellectual property rights by using our App and Website. We keep all rights, title and interest in and to all our patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights. Unless otherwise stated, all rights in our services such as technology, content, trademarks, look & feel are owned by us. All rights in Content on our App and Website are owned by us or Merchants. You are not allowed to copy, scrape, download, reproduce or otherwise use anything on our App or Website for any commercial purpose without written permission from us or the Merchant who owns the content.
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 nor that your use of the App will be uninterrupted. We can suspend or terminate access to or operation of the App and Website at any time as we see fit.
We always look to improve our services. As a result, your experience and processes you follow on our App and Website might not remain the same. Some functions are tested with some users and we call this a “beta” function. We will advise you if a feature of the App or Website are being tested by a visible alert referring to the word “beta”. When you use a beta function of the App or Website, that functionality is new and being tested, so is not guaranteed to work. We are not responsible for the accuracy of any such features that you decide to try.
We send written confirmation of all bookings or processes you make so you must check the accuracy of all bookings or processes you make through beta functionality by reviewing the confirmation of booking and communications that you receive from us.
If you wish to provide feedback relating to the functioning of our App or Website and the beta functions including but not limited to any problems which occur or suggested improvements, send the feedback to info@apnakey.co.uk. We can choose whether to use your feedback for the development and improvement of our App, Websites, features or services that we provide. but are not obliged to implement any suggestions you provide nor to provide any financial compensation for your feedback or suggestions. We can also use it for promotional purposes or other purposes connected to the development of our services. We can take into account feedback or suggestions in a way which modifies or changes the suggestion.
Your participation in providing feedback is does not make you one of our employees, contractor, consultant or business partner. You must not publish or disclose any beta features or confidential information about beta functionality in any way including social media before these features have been officially released by us nor before you have experienced the official release of that function.
If you do not like the beta function, please do not use it. We can revoke your participation in the beta functions of our App or Website and remove beta functions without notice.
Nothing in these Terms will limit our (nor seek to limit the Merchant’s) liability in the following circumstances:
We will not be liable for any costs you incur as a result of you being in breach of these Terms and/or the Merchant’s terms.
We are not liable for:
To the extent permitted by law, the most that we will be liable for (whether for one event or a series of connected events) is your reasonably foreseeable losses or damages directly in connection with the processing of your Booking(s).
You may be protected by mandatory consumer protection laws and regulations, which guarantee you rights that our terms cannot overrule. If there is any inconsistency between those laws and regulations and these terms, those mandatory consumer protection laws and regulations will apply instead of these terms.
Our staff do not have the authority to change these terms by email or orally.
We may change these terms from time to time. Our updated terms will be displayed on the App and Website. Any existing Booking will continue to be governed by the terms that applied when the Booking was made. Where such changes are material, we will inform you in advance of the changes becoming effective to your Bookings either by email or through an automated alert during the Booking process. We will not inform you by email in advance if the changes are required by law. You will accept the new terms by continuing to use the App or Website after being alerted to the existence of the new terms. If you do not accept new terms, do not use the App or Website.
We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the App, Website or any other aspect of our services please contact us as soon as possible.
If you and we cannot resolve a dispute using our internal complaint handling processes, we will:
We are not obliged to submit to any alternative dispute resolution procedures unless it is required by law. If either you or we want to bring court proceedings against the other, the party wishing to sue can bring a legal action in the part of the United Kingdom in which you live or in England & Wales.
This contract should be interpreted according to the laws of England and Wales.
No one other than a party to this contract has any right to enforce any term of this contract. Your friends or families who are intending to be involved in an Activity or Event that you book and Merchants do not have any rights under this contract. Similarly, we are not a party to the terms between you and the Merchant.