This Terms of Service agreement is effective as of January, 2018
As used in these Terms of Service, the following terms shall have the meaning set forth below:
i. "Effective Date" means the Date on which You accept these Terms by starting to use the Services offered in the Software.
ii. “Registered User” means any user who can legally enter into an Agreement with the Company and who has either registered directly through the website, by downloading the Application, by sending product photographs via phone or through email to use the Services offered in the Software.
iii. “Registered User Information” means information regarding Registered Users such as (i) personal information which includes their name, legal status, address, email address, mobile number, age, weight, hobbies etc. i.e. any information by which the Registered User can be identified (ii) documents uploaded by the Registered Users such as Identity cards, Aadhar cards, passport copy, educational/professional certificates, degrees, health details, doctor prescriptions, reports etc. or documents pertaining to products such as bills, invoice, warranty information etc.
iv. “Services” mean and includes (a) services provided by Service Providers who are connected with the Registered Users through the Yapnaa.com and offer services pertaining to products, such as repair of products, insurance, warranty confirmation, extension and (b) such other services as Company may offer from time to time including amongst others the option available to Registered Users to upload, view, share documents on the Application.
v. “Service Providers” means service providers who have registered with the Yapnaa.com and include (i) manufacturers, supplier, AMC companies, insurance companies etc., who will offer services pertaining to products, such as repair of products, insurance, warranty confirmation and extension and similar services to Registered Users and (ii) third party service providers such as yoga instructors, fitness instructors, health coach, guitarists, drummers, pianists, vocal music teachers, dance teachers, tutors etc. who will offer services depending upon the hobbies of the Registered Users. The Yapnaa.com serves as a platform for connecting Registered Users with Service Providers who are independent professionals and are not employed by the Company or any of its affiliates.
vi. “Service Provider Information” means information pertaining to the name, address, qualification, experience, certifications, specialization, fees of the Service Provider, Toll free numbers, customer care email support, authorized service centers, warranty plans, insurance plans, etc.
All other capitalized terms shall have the meaning ascribed to them in the Other Terms.
3. REGISTRATION AS A REGISTERED USER:
As used in these Terms of Service, the following terms shall have the meaning set forth below:
i. In order to access and use the Services available on the Website and Application offered by the Company you will need to accept the Terms, register on the Website/Application by ways mentioned below, create an account ("Account") and represent, warrant and covenant that you will provide accurate and complete registration information, including, but not limited to a user name ("User Name"), e-mail address and a password you will use to access the Website and Application and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your Account.
iii. In order to be able to register yourself as a Registered User on the Website or Application, You represent and warrant to the Company that: (a) You are at least eighteen (18) years of age and have the authority to enter into this Agreement; (b) this Agreement is binding and enforceable against you; (c) If you are using the Website and Application on behalf of any entity (including bodies corporate and others), you further represent and warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to indemnify the Company for violation of these Terms; (d) you are authorized to transfer payment for Services requested through the use of the Yapnaa.com; (e ) you are authorized to upload the information/documents that you upload on the Application or Website and (f) most importantly that all the information provided at the time of registration is correct, accurate and true.
iv. You shall not (a) create any Account for anyone other than yourself without such person's prior written permission; (b) use a User Name that is the name of another person or entity with the intent to impersonate that person or entity; (c) use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful; or (d) upload any information/document which belongs to any third party.
v. Once you register, you will be required to provide your personal information, details of the products such as the photographs, invoices, warranty period, manufacturer information, services you require, issues with the product and you will also have the opportunity to upload documents that you wish to upload on the Application/Website .At this stage, there is no platform fees payable to the Company for using the Yapnaa.com. The Company, reserves the right to charge a platform fees from You at a future date for using the Yapnaa.com.
4. GRANT OF RIGHTS:
i. The Company owns all rights, title and interest, including all intellectual property rights such as copyright, trademarks, trade secrets, patent and other proprietary rights in and to the Yapnaa.com, the present or future modifications / upgradations thereof and standard enhancements thereto. Except as expressly permitted by these Terms, any, exploitation, copying, making derivative works, transmitting, posting, linking, deep linking, redistribution, sale, decompilation, modification, reverse engineering, translation, or disassembly of the Yapnaa.com embodied in the Website and/or Application is strictly prohibited.
ii. “Yapnaa” is the trademark of the Company and it may not be used in connection with any product or service other than those provided by the Company in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. The Service could also feature the trademarks, service marks and logos of Service Professionals and other third parties, and each owner retains all rights in such marks. Any use of such marks, or any other displayed on the Service, will inure solely to the benefit of their respective owners.
iii. The Company subject to the terms of the Agreement, grants You a non-exclusive, personal, non-transferable, limited right to have access to and use the Yapnaa.com, including the Website, Applications and Services offered therein for the duration you are registered as a Registered User.
iv. The Terms do not and shall not transfer any ownership or proprietary interest in the Yapnaa.com from the Company to You, except the limited license as may be otherwise expressly provided in these Terms or as may be agreed to by and between Company and You.
v. You agree that You hereby grant the Company the right to use the Registered User Information on a perpetual, non-revocable, worldwide, royalty-free basis to offer the Services provided herein.
vi. You agree that You hereby grant the Service Providers the right to use the information which you freely share with them through the Application/Website in order to avail the Services from them. The Service Providers will not have access to the information such as personal documents uploaded by the Registered Users which are not related to the Service being sought.
5. Use of the Software
i. You may use the Software to create your Account and access the various features and Services available on the Website and the Application.
ii. You may use the Software to (a) upload information, documents pertaining to the Products such as invoices, name of manufacturer, insurance, warranty documents etc.; (b) to upload documents such as Identity cards, Aadhar cards, passport copy, educational/professional certificates, degrees, health details, doctor prescriptions, reports etc. and (c) to provide details of hobbies that you wish to pursue through the platform and which you could offer to other Registered Users by registering as a Service Provider.
iii. You may use the Software to receive after sales support by connecting and communicating directly with Service Providers such as manufacturers, suppliers, AMC companies, insurance companies and others to discuss issues with products, place repair requests, check and extend warranty, seek information for insurance of products etc. You may also use this Software to connect with Service Providers who could help you pursue your hobbies.
iv. You may use the Software to sell used products.
v. You may use the Software to provide and check reviews of the Service Providers.
vi. You may use the Software to keep records of repair history and use other Services as and when introduced by the Company.
vii. You may use the Software to transfer the Fees of the Service Provider, where applicable.
viii. You will not use this Software or any feature provided therein for any purposes not intended under this Agreement. You will not permit any third party to have access to the Software or to use the Software.
ix. You will not deliberately use the Software in any way that is unlawful or harms the Company, our directors, employees, affiliates, distributors, partners, Registered Users and Service Providers.
x. You undertake that Your use of this Software shall be subjected to the following restrictions (a) You will not delete or modify any content on the Website/Application including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify; (b) You will not decompile, reverse engineer, or disassemble the Software, or You will not remove any copyright, trademark registration, or other proprietary notices from the Website and/or Application. You further agree not to access or use this Website/Application in any manner that may be harmful to the operation of this Software or its content; (c) You will not use the Software and / or services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company's sole discretion; (d) You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming", "flooding", "trolling", "phishing" and "griefing" as those terms are commonly understood and used on the Internet and (e)You will not host, display, upload, modify, publish, transmit, update or share any information that —belongs to another person and to which the user does not have any right to; is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in anyway; infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
xi. You will immediately notify the Company of any breach or suspected breach of the security of the Software of which You become aware, or any unauthorized use or disclosure of information within or obtained from the Software, and You will take such action to mitigate the breach or suspected breach as We may direct, and will cooperate with Us in investigating and mitigating such breach.
6. THE ROLE OF THE COMPANY
i. Company does not offer Services on its own but provides a marketplace for connecting Registered Users with Service Providers. Company's role is limited to a) providing a platform for the Registered Users to upload information/documents pertaining to the Products such as invoices, insurance, warranty documents etc. b) providing a platform for Registered Users to upload documents such as Identity cards, Aadhar cards, passport copy, educational/professional certificates, degrees, health details, doctor prescriptions, reports etc. which they can view, share, download c) allowing the Registered Users to directly connect with Service Providers registered on the Software d) providing a platform for Registered Users to place repair requests, check warranty information, extend warranty, check insurance, e) allowing the Registered Users to provide and check reviews of Service Providers, f) providing a platform to communicate with Service Providers on all aspects pertaining to the Services, and f) providing a platform for disbursal of Fees of Service Providers, where applicable.
ii. Company does not direct, has no control over, makes no representations; and does not guarantee the quality, safety or credibility of the Service Providers, the ability of Service Provider to deliver Services, or that a Service Provider can or will actually complete a transaction.
iii. Registered Users and Service Providers are independent contractors. Company is not responsible for and disclaims any and all liability related to the actions of Registered Users and Service Providers.
iv. Company’s role is that of an 'intermediary' as defined under the Information Technology Act, 2008 as amended from time to time and the rules thereunder. Being an intermediary, the Company is merely providing a platform to the Registered Users to connect with the Service Providers and thus has no responsibility and / or liability in respect of the Services and transactions being conducted on the Website and/or Application.
vi. If Company suspects any illegal, wrongful or fraudulent activity on the Software by You, notwithstanding any other rights Company may have, Company reserves the right to inform the relevant government or law enforcement authorities. Company will cooperate in all investigative procedures or requests for access/information initiated by any such government or law enforcement authorities.
7. DISCLAIMER AND EXCLUSION OF WARRANTIES
i. You hereby acknowledge and agree that the Company is only offering a platform to connect Registered Users with Service Providers and is NOT a party to any oral or written agreement for Service or any contract entered into between Registered User and Service Provider in connection with any Service offered, directly or indirectly, through the Website or Application by the Service Provider. You acknowledge, agree and understand that the Company only seeks to provide a platform wherein the Registered User and Service Provider can be brought together and the Company itself has no role in the execution or provision of Services.
ii. Registered Users interactions with Service Provider and other individuals/entities found on or through the Website, including payment of and performance of any Service by Service Providers, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between the Registered User and Service Provider or other such individuals or organization. Registered User should take reasonable precautions and make whatever investigation or inquiries they deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, Service Providers.
iii. You understand that the personal information/documents uploaded by you on the Software is being done at your own risk and that you shall be careful and responsible in matters pertaining the sharing of information/documents with other Registered Users or Service Providers.
iv. You understand that deciding whether to use the services of a Service Provider is your personal decision for which you alone are responsible. You understand that the Company does not warrant and cannot make representations as to the suitability of any Service Provider you may decide to interact with on or through the Website and/or the accuracy or suitability of any service provided by any Service Provider. While the Company may attempt to seek information about the background of a Service Provider at the time of registration, but, the Registered User should take an informed decision on his/her own accord and keep in mind the fact that the Company only seeks to provide a platform wherein Registered Users and Service Providers have a platform to interact with each other.
v. Notwithstanding the foregoing, you agree that since the company only seeks to provide a platform wherein the registered user and service providers can be brought together and the company itself has no role in the execution or provision of services itself, the company shall not be responsible or liable for any loss or damage of any sort whatsoever incurred as a result of any such transaction or dealings. If there is a dispute between registered users and service providers on the website, or between you or any other registered user or any third party, you acknowledge and agree that the company is under no obligation to become involved. In the event that a dispute arises between you and service provider or one or more registered user, or any third party, you hereby release the company, its officers, managers, members, directors, employees, attorneys, agents, and successors in rights from any claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed, arising out of or in any way related to such disputes and/or any service provided thereunder.
vi. You agree that your use of the website or application shall be at your own risk. To the fullest extent permitted by law, the company and its officers, managers, directors, employees, successors, assigns, subsidiaries, affiliates, suppliers, and agents disclaim all warranties, express, implied, statutory or otherwise, or any guarantees in connection with this website, the application, the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this website or application, the services offered on or through this website, the application, any data, materials, registered user information, service provider information or other third parties.
vii. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this website, the application, the services offered on or through this website or application, data, materials, registered user information, and any information or material contained or presented on this website or application is provided to you on an "as is," "as available" and "whereis" basis with no implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights. Company does not provide any warranties against errors, mistakes, or inaccuracies of data, content, information, materials, substance of the website or registered user information, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website or application by any third party, any interruption or cessation of transmission to or from the website, any defamatory, offensive, or illegal conduct of any third party or registered user or service provider, or any loss or damage of any kind incurred as a result of the use of any data, content, information, materials, substance of the website or application or registered user information uploaded, shared, posted, transmitted, or otherwise made available via the website or application. The company does not endorse, warrant, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website/application or any hyperlinked site or featured in any banner or other advertisement. Company will not be a party to or in any way be responsible for monitoring any transaction between you and any party, including service providers. As with the use of any product or service, and the publishing or posting or sharing of any material/document/information through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
viii. You are solely responsible for any and all acts or omissions taken or made in reliance on the website, application or the information in the software, including inaccurate or incomplete information. It is expressly agreed that in no event shall the company be liable for any special, indirect, consequential, remote or exemplary damages, including but not limited to, loss of profits or revenues, loss of use, or loss of information or data, whether a claim for any such liability or damages is premised upon breach of contract, breach of warranty, negligence, strict liability, or any other theory of liability, even if the company have been apprised of the possibility or likelihood of such damages occurring. We disclaim any and all liability for erroneous transmissions and loss of service resulting from communication failures by telecommunication service providers or the system.
ix. You acknowledge that service providers who have registered on the software have committed to comply with terms set out with them and our policies and procedures concerning use of the software and website. However, the actions of such service providers are beyond our control. Accordingly, we do not assume any liability for or relating to any impairment of the privacy, security, confidentiality, integrity, availability, or restricted use of any information shared by you with the service provider on the software resulting from any service providers’ actions or failures to act.
x. We expressly disclaim any liability for the consequences to you arising because of your use of the website, software or the services. We expressly disclaim any liability for any incorrect information provided to you by any service provider and for any failure of the service provider to complete the work on time or the quality of the service provided.
xi. We do not warrant that your use of the website, software and the services under these terms will not violate any law or regulation applicable to you.
8. LIMITATION OF LIABILITY
Notwithstanding the above, in the event company should have any liability to the registered user or any third party for any loss, harm or damage, the registered user and company agree that such liability shall under no circumstances exceed the value of any fees paid by the registered user to the company in the preceding twelve months or inr 5000 whichever is lower. You and company agree that the foregoing limitation of liability is an agreed allocation of risk between the registered user and company.
ii. If you have a dispute with one or more registered users or service providers, you forever release the company (and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, suppliers, agents, subsidiaries, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use of the website or application and/or any submitted registered user information.
10. TERMINATION /MODIFICATION/SUSPENSION
i. The Company may at any time, terminate its legal agreement with you if you have breached any provision of the terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms).
ii. You may discontinue use of the Website or Application by deleting the Application from your mobile/laptop/desktop or by deleting your account from the Website.
iii. We may update or change the Software and/or the Terms and/ or levy platform fee for using this Software (Service Fee) or Website from time to time and recommend that You review these Terms on a regular basis. You understand and agree that Your continued use of the Software after the Terms have been updated or changed constitutes Your acceptance of the revised Terms.
iv. Notwithstanding anything to the contrary in these Terms, We have the right, on providing notice to You, immediately to terminate, suspend, or amend the provisions of the platform without liability: (a) to comply with any order issued or proposed to be issued by any governmental agency; (b) to comply with any provision of law; or (c) if performance of any term of these Terms by either Party would cause it to be in violation of law.
11. GOVERNING LAW AND JURISDICTION
The interpretation of this Agreement and the resolution of any disputes arising under this Agreement shall be governed by the laws of India and subject to Clause 12 Courts at Bengaluru shall have jurisdiction.
i. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to Your use of the Website and/or Application, shall be determined by Arbitration in India, before a single arbitrator appointed by the Company in accordance with the Arbitration and Conciliation Act 1996 along with all amendments. The venue of such arbitration shall be Bengaluru, India. The governing law of the Agreement shall be the substantive law of India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.
ii. The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.
13. GRIEVANCE OFFICER
In accordance with Information Technology Act 2008 and rules made there under, the name and contact details of the Grievance Officer is as follows: Name: Grievance Officer Email Id: firstname.lastname@example.org
14. MISCELLANEOUS PROVISIONS
i.Severability:If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms.
ii.Notices:All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid nationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth above.
iii.Waiver:No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
iv.Force Majeure:Company shall not be liable for any downtime or delay or unavailability of the Software including the Website and/or Application caused by circumstances beyond Company's reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
v.Assignment:You may not assign or sub-license, without the prior written consent of Company, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.
Last updated as on January, 2018
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