This Terms of Use (“Terms”) has last been
updated on June 12,
2025.
1. GENERAL TERMS
1.1. Yeldam Private Limited, is a company incorporated
under the
Companies Act, 2013, under the laws of India and having its registered office at Unit 1803, 18th Floor, Manjeera
Trinity Corporate, Kukatpally, Hyderabad, Tirumalagiri, Telangana, India, 500072 (“Yeldam Private
Limited” “We”,
“Us” or “Our”). We aim to provide hygienic and good quality baked snacks to
users (“User(s)”), through Our mobile
application ‘Yeldam Snacks’ (“Platform”).
1.2. Any User or any other visitor, merely browsing the Platform,
shall be referred to as “You”, “Your”, or “Yourself”, as the
case may be, to use the Services (as defined below)
as provided in Our Terms of Use (“Terms”).
1.3. These Terms will govern Your use of Our Services, which shall be
provided by Us on Our Platform, which is
owned by Us, and subsequently the use of Services as available to You
through Our Platform. No physical signature is necessitated in order to validate these Terms.
2. ACKNOWLEDGEMENT
2.1. Your access to the Platform and use of the Service is conditioned
on acceptance of and compliance with these Terms. These Terms apply to all Users who access Our Platform and/or
use Our Services.
2.2. For You to accept these Terms, You shall (i) be of majority age
(i.e., 18 years of age and above or as may be the age of majority in Your jurisdiction); and (ii) not already be
restricted by Us from using Our Platform and Services. In case that You do not accept these Terms, You shall not
avail Our Services as is provided through Our Platform. You can accept these Terms by checking the checkbox or
clicking on “I AGREE” or any other similar term and/or by availing Our Services, as the case may
be.
2.3. You acknowledge that by clicking on “I AGREE”, or
any other
similar term, or conveying Your acceptance of these Terms, as the case may be, and by availing Our Services, You
are entering into a legally binding agreement to use the Services provided by Yeldam Private Limited and this
shall continue to be binding till You continue to access and use the Platform.
2.4. Please note that these Terms shall be applicable to You, even if
You browse or access the Platform as a visitor without creating an Account on the Platform. These Terms apply to
every User who uses or accesses the Platform.
2.5. These Terms are subject to modifications at Our sole and absolute
discretion. Further, We may, from time
to time, formulate new policies for availing all or any of the Services. The most current version of these Terms
will supersede all previous versions. You understand that Your continued use of the Services after any changes to
these Terms or addition of new policies constitutes Your acceptance to be bound by the most recent version of
these Terms. You have the absolute right to temporarily disable or permanently terminate Your Account by writing
to Us at
support@yeldam.com, if these Terms (including changes and
additions thereto) are not acceptable to You.
2.6. Please note that in the event of a breach of these Terms, in the
manner stipulated under these Terms, We reserve the right to (i) suspend Your access to the Platform and the
Services provided thereof; (ii) immediately terminate Your Account; and/or (iii) report You to the law enforcement
authorities or initiate necessary legal actions or appropriate legal proceedings against You in accordance with
the applicable laws.
3. USER ACCOUNTS
3.1. We believe in providing simple and easy access to Our Services.
To access any of the Services, You can register Yourself on the Platform by creating an Account through the
mechanism made available thereof and sharing the information sought for Your access to the Platform and to use of
the Services, subject to You not being restricted by Us or applicable laws to use the Platform.
3.2. You may create an Account on the Platform by providing Us with
the following details, including any other Information as mentioned in Our Privacy Policy: (a) Your name; (b) Your
address; (c) Your email address; (d) Your mobile number or (e) any other information as We require.
3.3. Your Account may hereinafter be referred to as
“Account” and
“Accounts”, as the context may require.
3.4. While registering on the Platform, You may be required to share
Your mobile number which will be Your User ID (“Credentials”). Based on this information, We will
create an
Account for You once Your mobile number has been verified through a one-time-password. Please note We may ask for
any other information as We deem fit to create Your User ID.
3.5. You cannot create an Account if there already exists an Account
under Your mobile number (“Duplicate Account”). If such Duplicate Account has been created, We
reserve the right
to immediately terminate the Duplicate Account and/or any Services availed through that Duplicate Account on Our
Platform.
3.6. You hereby expressly consent to receive communications and
newsletters from Us by SMS, e-mails, phone calls, in-app notifications, WhatsApp messages, or any other means.
3.7. Any Person who is Our competitor and a representative of Our
competitors (in any capacity) is not allowed to access or use the Services in any case.
3.8. You are responsible for maintaining the confidentiality of Your
Credentials and You are fully responsible for all activities that occur under Your Account. In the event that You
detect any unauthorized use of Your Account or breach of Your Account, You shall inform Us immediately and change
Your Credentials to avoid any further breach of Your Account.
3.9. In the event that You share Your Credentials with any third
party, You shall solely be responsible for any consequence, damage, loss, and/or injury including, without
limitation, loss of data and misuse of Your Account and We shall under no circumstances be liable for any such
consequence, damage, loss and/or injury incurred by You. You will be held responsible for any losses incurred by
Us or any other User due to unauthorized use of the Account which is a consequence of Your inability to secure
Your Account.
4. DESCRIPTION OF SERVICES
4.1. Our Platform is an application accessible through the mobile
application Yeldam Snacks through the Google Play Store and Apple App Store. We are engaged in providing
fresh-baked snacks to Our Users through Our Platform (“Services”) in the business-to-consumer
model, wherein Our
Services are offered to the User(s).
4.2. The Services can be availed by registering Yourself on the
Platform. Further, Your Account is created and activated, only after We have approved the same in the manner, We
deem fit.
4.3. Every User may opt-out from availing the Services by following
the procedure laid down in the Platform.
4.4.Placing &
delivering an order:
a) Subject to these Terms, User may avail Our Services through their
Account and choose their order through the list of snacks provided on the Platform.
b) For the purpose of delivering orders to User, the User must
provide their correct and accurate address and location to which Our delivery partners shall deliver the orders
placed by the User in sealed and packed snacks packets and containers.
4.5. We believe in continuous development to meet the industry
standards and provide You with better Services, therefore, we reserve the right to modify, add, remove or rename
Our Services at Our sole discretion.
5. SERVICES UPDATES AND AVAILABILITY OF SERVICES
5.1. The Services may, at any time, temporarily be unavailable due to
scheduled downtime for upgrades and maintenance, any technical faults or interruptions, User’s geographical
location, or prohibitions/restrictions under applicable law or policies for which We may use commercially
reasonable endeavors to notify the User in advance.
5.2. Notwithstanding anything to the contrary contained elsewhere, We
shall not be liable for unavailability of the Services caused by circumstances beyond its reasonable control, such
as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, pandemics or epidemics,
strikes, etc.
6. CHARGES AND PAYMENT
6.1. By placing an order on the Platform, You agree to pay the total
amount displayed at checkout, including all applicable taxes, fees, delivery charges, and if applicable, handling
charges. You authorize Us and/or Our designated payment processor to charge Your selected payment method at the
time of order. All prices on the Platform are listed in Indian Rupees (INR) and may be subject to change without
prior notice; however, the prices applicable at the time of purchase shall be the finally charged amount payable
by You.
6.2. The orders placed by the User shall only be processed upon
successful payment completion. For further clarity, any order for which payment has not been successfully
completed by the User, shall not be deemed to be a order that shall be deliverable by Us.
6.3. The User shall at all times ensure that the payment and/or their
bank details are accurate and up to date.
6.4. The Platform uses third-party payment gateways to process
transactions. By proceeding with a payment, You acknowledge and agree to be bound by the respective third-party
payment gateway’s terms of use and privacy policy. User agrees and acknowledges that We shall not be held liable
for any unauthorized transactions beyond Our Control.
7. CANCELLATIONS AND REFUNDS
7.1. Once an order is placed by a User and confirmed through the
Platform, such order cannot be canceled, regardless of the circumstances. Orders are processed immediately upon
submission, and no cancellation will be accepted.
7.2. All payments made through the Platform shall be final and
non-refundable, except in cases where the product is not delivered or an incorrect product is delivered. We do not
offer refunds, exchanges, or returns for reasons such as change of mind or errors made by You during the ordering
process.
7.3. You may request a replacement only if the product You received is
defective or damaged at the time of delivery. Such requests for replacements must be supported with appropriate
photographs and must be made within four (04) hours of receiving the product. In order to request for any
replacement(s) or related queries, Users may contact Us at and We will address the same.
7.4. Notwithstanding the above, We reserve the right to cancel any
order, at Our sole discretion, for reasons including but not limited to:
a) Product unavailability: If the requested snack item is out
of
stock or otherwise unavailable at the time of processing of the order placed by the User; or
b) Incorrect address: If the address provided by the User is
either
incorrect or does not fall within the operating jurisdiction of the Platform; or
c) Suspicion of fraud: If We have sufficient reason to suspect
that
the order was placed fraudulently, in violation of these Terms, or involves abuse of promotional offers.
7.5. In the event that
an order is cancelled by Us, any
amount paid by You for such order will be refunded to Your original mode of payment within eight (08) business
days of such cancellation. In case You do not receive the refund within the stipulated timeline, You may contact
Us at
support@yeldam.com, and We will address the same.
8. PLATFORM CONTENT
8.1. The Platform and its original content, including but not limited
to all source code, databases, functionality, software, any information related to the Services, website designs,
audio, video, text, photographs, and graphics, excluding any content provided by the User or other Users
(“Platform Content”) and the trademarks, service marks, and logos contained therein
(“Marks”) are owned or controlled by Us or licensed to Us, and are protected by copyright and
trademark laws and various other intellectual property rights, unfair competition laws and other applicable
national and international laws and conventions and the same shall remain the exclusive property of Yeldam Private
Limited and its licensors.
8.2. You agree and acknowledge that the unauthorized use of the
Platform Content may violate copyright, trademark, and other applicable laws and shall cause irreplaceable damage
to Us. Therefore, We shall have the right to initiate any proceedings or any other process under applicable law
which is available to it and the same shall be in addition to recovery of damages for such unauthorized use of the
Platform Content.
8.3. The Platform Content shall not be reverse-engineered,
disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or
computer language, re-transmitted in any form or by any means (electronic, mechanical, photo-reproduction,
recordation or otherwise), resold or redistributed for any commercial purpose whatsoever, without Our express
prior written permission.
8.4. We cannot and do not guarantee or warrant that files available for
downloading through the Platform will be free of infection by software viruses or other harmful computer code,
files or programs.
9. USER CONTENT
9.1. While using Our Services, We may display any information including
any data files, written text, graphics, messages, reviews and feedback, or Your name (“User Content”) on the
Platform.
9.2. You shall own all intellectual property rights, title and interest
in the User Content that may be displayed on the Platform unless stated otherwise in the respective Third-Party
Terms (based on the specific Third-Party Applications used by You).
10. USER ACKNOWLEDGEMENT, REPRESENTATIONS &
COVENANTS
The User acknowledges that:
(i) We do not guarantee the sequence, accuracy, completeness,
or
timeliness of the information contained on the Platform provided through Our Service;
(ii) The provision of certain parts of the Platform and
Services is
subject to the terms and conditions of other agreements to which Yeldam Private Limited is a party;
(iii) None of the information contained on the Platform and/or
provided
through Our Service constitutes a solicitation, offer, opinion, or recommendation by Us to buy or sell any
security, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or
suitability of any security or investment;
(iv) The information provided on the Platform and/or provided
through
Our Service is not intended for use by, or distribution to, any person or entity in any jurisdiction or country
where such use or distribution would be contrary to law or regulation. Accordingly, anything to the contrary
herein set forth notwithstanding, Yeldam Private Limited, its suppliers, agents, directors, officers, employees,
representatives, successors, and assigns shall not, directly or indirectly, be liable, in any way, to the User
or
any other person for any: (i) inaccuracies or errors in or omissions on the Platform and/or the Services
including, but not limited to, quotes and financial data; (ii) delays, errors, or interruptions in the
transmission or delivery of Our Services provided through the Platform; or (iii) loss or damage arising there
from
or occasioned thereby, or by any reason of non-performance and;
(v) When You create an Account, You must provide information
that
is
accurate, complete, and current at all times. Further, You shall be obligated to share only such information
which
it is lawfully authorized to disclose. In the event that You provide any information which (a) is inaccurate,
incomplete, or not updated; and/or (b) is not authorized to disclose, it shall constitute a breach of these
Terms.
11. RESTRICTIONS ON USE
11.1. You may not
access or use the Platform for any purpose other
than
that for which We make the Platform available. The Platform may not be used in connection with any commercial
endeavors except those that are specifically endorsed or approved by Us.
11.2. You agree to
access the Platform and use the Services solely
for
Your own benefit and not for the purpose of resale or other transfer or disposition to, or use by or for the
benefit of, any other Person or Entity.
11.3. As a User of the
Platform, You agree not to:
a) Impede and impair the operations and functionality of the
Platform in any manner.
b) Copy and distribute the Platform Content and information
provided on the Platform on other servers without due authorization from Us.
c) Use the Platform and the Services provided thereof for any
illegal purpose or in any manner inconsistent with these Terms.
d) Use any technology or any automated system for the purpose
of dissemination of any usernames, passwords, email addresses or any other data/information from Us or the
Platform.
e) Send any information on behalf of Us to any third-party
including other Users. It is solely Our responsibility to solicit any information and to send through emails,
SMS, multimedia content, advertisements and/or promotional activities to send any data/information to Our Users.
f) Pass on any data/information which contains Confidential
Information (as defined below) about other Users to any third parties or serves without prior consent from Us or
such Users.
g) Systematically retrieve data or other content from the
Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without
written permission from Us.
h) Trick, defraud, or mislead Us and other Users, especially in
any attempt to learn sensitive account data/information such as User Credentials.
i) Make any unauthorized use of the Platform, including
collecting Credentials of Users by electronic or other means for the purpose of sending unsolicited email, or
creating Accounts by automated means or under false pretenses.
j) To create or attempt to create a Duplicate Account.
k) To impersonate or attempt to impersonate another User or
person or use the username of another User.
l) License, sublicense, sell, resell, rent, lease, transfer,
assign, distribute, time share or otherwise commercially exploit or make the Platform and the Services provided
thereof available to any third-party.
m) Circumvent, disable, or otherwise interfere with
security-related features of the Platform, including features that prevent or restrict the use or copying of any
Content or enforce limitations on the use of the Platform and the Content contained therein.
n) Disparage, tarnish, or otherwise harm, in Our opinion, the
Platform or Us or Our Users.
o) Use any data/information obtained from the Platform in order
to harass, abuse, or harm another person, may it be representatives of Yeldam Private Limited or any other User.
p) Use, transfer, distribute, or dispose of any
data/information contained on the Platform in any manner that could compete with Our Service.
q) Make improper use of Our support services or submit false
reports of abuse or misconduct.
r) Indulge in an activity which would disable, manipulate,
block or attempt to obscure the Platform Content on the Platform.
s) Use the Platform in a manner inconsistent with any
applicable laws or regulations.
t) Use the Platform to store or process any content that
infringes upon any Person’s intellectual property rights or is unlawful, racist, hateful, abusive, libelous,
obscene, or discriminatory; or “crawl,” “scrape,” or “spider” any page, data, or portion of or relating to the
Platform (through use of manual or automated means).
u) Engage in unauthorized framing of or linking to the
Platform.
v) Upload or transmit (or attempt to upload or to transmit)
viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous
posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or
modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance
of the Platform.
w) Access any data/information that is not meant to be accessed
or used by the User.
x) Delete the copyright or other proprietary rights notice from
any Platform Content.
y) Upload or transmit (or attempt to upload or to transmit) any
material that acts as a passive or active information collection or transmission mechanism, including, without
limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices
(sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
z) Interfere with, disrupt, or create an undue burden on the
Platform or the networks or services connected to the Platform.
aa) Attempt to bypass any measures of the Platform designed to
prevent or restrict access to the Platform, or any portion of the Platform.
bb) Modify, adapt, or hack the Platform or otherwise attempt to
gain unauthorized access to the Platform and the Services provided thereof or related systems or networks.
cc) Copy or adapt the Platform’s software, including but not
limited to PHP, HTML, JavaScript, or other code.
dd) Decipher, decompile, disassemble, or reverse engineer any
of the software comprising or in any way jeopardizes any part of the Platform.
ee) Except as may be the result of standard search engine or
internet browser usage, use, launch, develop, or distribute any automated system, including without limitation,
any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching
any unauthorized script or other software.
ff) Use the Platform as part of any effort to compete with Us
or otherwise use the Platform for any revenue-generating endeavor or commercial enterprise.
gg) Use the Platform in any manner that violates any applicable
laws.
hh) Abuse or threaten Us or other Users by displaying verbal
violence, rage or anguish.
ii) Post review or feedback that constitutes defamation or
harassment of any kind of Us or Our Users or uses unparliamentary language therein.
jj) Misuse of Our brand image or spread untrue information
about Our Platform.
kk) Providing any irrelevant and non-realistic feedback on Our
Platform.
12. PLATFORM MANAGEMENT
12.1. We reserve the
right, but shall not be obligated, to: (i)
monitor
the Platform for violations of these Terms; (ii) take appropriate legal action against anyone who, at its sole
discretion, violates the applicable law or these Terms, including without limitation, reporting such User to law
enforcement authorities; (iii) refuse, restrict access to, limit the availability of, or disable the access of the
Platform and any Services or any portion thereof without any liability and at its sole discretion; (iv) remove
from the Platform or otherwise disable all files and content that are excessive in size or are in any way
burdensome to the Our systems without any limitation, notice, or liability and at its sole discretion; and (v)
manage the Platform in a manner designed to protect Our rights and property and to facilitate the proper
functioning of the Platform.
12.2. The Platform may
sometimes contain certain errors, mistakes,
inaccuracies, discrepancies or omissions or certain information might not be complete or current. We reserve the
right to rectify errors, mistakes, inaccuracies, discrepancies or omissions and change and update the information
so provided without providing any prior notice to You. We shall not be liable for any inaccuracies, omissions or
discrepancies in the information which may be provided on the Platform.
13. FEEDBACK
We may provide you with a mechanism to provide feedback,
comments, questions, suggestions, and ideas about our Services (“Feedback”). You agree that We may, in our sole
discretion, use the Feedback You provide to Us in any way, including in future enhancements and modifications to
Our Services. You hereby grant to Us and Our assigns a perpetual, worldwide, fully transferable, sublicensable,
irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display
the Feedback in any manner for any purpose, in any media, software, or technology of any kind now existing or
developed in the future, without any obligation to provide attribution or compensation to You or any third party.
14. CONFIDENTIALITY
14.1. To the extent
that You receive or possess any non-public
information from Us that is confidential or, given the nature of the information or circumstances surrounding its
disclosure, reasonably should be considered to be confidential, such information is “Confidential Information” and
must be handled according to these Terms.
14.2. For the purpose
of these Terms, “Confidential Information”
includes but is not limited to: (a) non-public information about the technology, customers, business plans,
marketing and sales activities, finances, operations and other business information; (b) the existence and content
of any discussions or negotiations regarding the User’s Account and/or access of the Platform and the Services
provided thereof; (c) business model and structure which Platform consists thereof.
14.3.
‘Confidential Information’ does not include any information
that:
(i) is publicly available or becomes publicly available through no action or fault of the User, (ii) was already
in the User’s possession or known to the User prior to being disclosed or provided to the User by or on behalf of
the other party, provided, that, the source of such information or material was not bound by a contractual, legal
or fiduciary obligation of confidentiality to the non-disclosing party or any other party with respect thereto,
(iii) was or is obtained by the User from a third party, provided, that, such third party was not bound by a
contractual, legal or fiduciary obligation of confidentiality to the non-disclosing party or any other party with
respect to such information or material, or (iv) is independently developed by the User without reference to the
Confidential Information (in which case the onus of proof shall lie solely with the User).
14.4. You may not use
Confidential Information except in
connection
with access to the Platform and the Services provided thereof as permitted under these Terms or as separately
authorized in a signed writing by Us.
14.5. You agree to not
disclose Confidential Information after the
cessation of usage of the Services through the Platform and after these Terms otherwise no longer apply. You will
take all reasonable measures to avoid disclosure or unauthorized use of Confidential Information in perpetuity.
14.6. You agree that
information provided relating to the Platform
and
the Services is Confidential Information, and, in addition to the other requirements set forth in these Terms, You
agree to not: (i) access and use the Platform and the Service for benchmarking or performance testing or to
publicly disseminate performance information or analysis from any source relating to the Platform and/or the
Services; (ii) modify or create derivative works of the Platform and the Service thereof or remove any product
identification, proprietary, copyright or other notices contained in the Platform and/or the Services; or (iii)
allow any other individual to access the Platform or use the Service.
15. THIRD-PARTY SERVICE PROVIDERS AND
APPLICATIONS
15.1. For the
provision of Services, ease of access of the
Platform by
You and any other reason that We deem necessary for Our business purpose, We, at Our sole discretion, reserve the
right to use any third-party service providers.
15.2. You acknowledge
that Our Services integrate with certain
third-party applications (“Third-Party Application(s)”) and that access and use of the Third-Party Applications
may require acceptance of terms of service and privacy policies applicable to such Third-Party Applications
(“Third-Party Terms”). We neither have any control nor determine or advise or in any way involve Ourselves in the
offering or acceptance of such commercial / contractual terms between Users and third-party service providers.
15.3. We reserve the
right to share any Information in connection
with
Our Services, irrespective of whether such Information is promotional or otherwise, with You through third-party
social media channels which will enable Us to engage with You to share relevant information, or to enhance and
modify Our Services and Our Platform.
15.4. You are
responsible for reading and understanding the
Third-Party
Terms before accessing or using any Third-Party Application. You acknowledge and agree that We are not liable for
any Third-Party Applications.
15.5. You acknowledge
and agree that You are availing the Services
and
browsing the Platform solely at Your own discretion, risk and cost, if any. We do not exercise any ownership,
control or supervision over the third-party service provider or their services.
15.6. We make no
representation or provide no warranty and
guarantee
(express or implied) for the services offered by the third-party service provider, even if the services have been
availed or sought to be availed through the Platform. Any claims, actions or inactions relating to the services
availed from third-party service provider should be settled inter-se between You and the third-party service
provider.
15.7. While We will
try to provide You with advance notice,
whenever
reasonably possible, You acknowledge and agree that We may, at any time, at its sole discretion and without any
notice to You, suspend, restrict or disable access to or remove from Services, any Third-Party Application,
without any liability to You, including without limitation for any loss of profits, revenue, data, goodwill or
other intangible losses.
16. PRIVACY POLICY
16.1. By using the
Platform, You agree to be bound by Our Privacy
Policy, available at Our Platform, which is deemed to be incorporated into these Terms.
16.2. Please be
advised that the Platform is hosted in the United
States of America (“Host Nation”). If You access the Platform from any other region of the world with laws or
other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the
Host Nation, then through Your continued use of the Platform, You are transferring Your data to the Host Nation,
and You agree to have Your data transferred to and processed in the Host Nation.
17. DISCLAIMER AND LIMITATION OF LIABILITY
17.1. THE IMAGES OF
SNACKS ON OUR PLATFORM ARE FOR
ILLUSTRATIVE
PURPOSES ONLY. THEY ARE INTENDED TO PROVIDE A GENERAL IDEA OF THE SNACKS AND MAY NOT EXACTLY REPRESENT THE
ACTUAL APPEARANCE OR PRESENTATION OF THE SNACKS DELIVERED. ACTUAL SNACKS MAY VARY IN APPEARANCE BASED ON
INGREDIENTS, PREPARATION METHODS, AND INDIVIDUAL SERVING STYLES.
17.2. YOU UNDERSTAND
THAT THE SERVICES ARE PROVIDED ON AN
AS-IS-AND-AS-AVAILABLE BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WE MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL
DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT
RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY MATERIAL.TO THE EXTENT PERMITTED BY APPLICABLE
LAW,WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE
SERVICE’S CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SERVICE, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS
OR MATERIALS ON THE SERVICE OR LINKED TO THE SERVICE.
17.3. WE ASSUME NO
LIABILITY OR RESPONSIBILITY FOR ANY (A)
ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SERVICE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED
TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE SERVICE, (G) ANY INFORMATION LEAK, DATA LOSS, DATA THEFT, DATA CORRUPTION OR THE ILLEGAL
OR WRONGFUL USAGE OF ANY DATA STORED ON OUR PLATFORM OR OUR SERVERS, AND/OR (H) ANY DATA LOSS OR DATA THEFT, OR
DATA CORRUPTION OR THE ILLEGAL OR WRONGFUL USAGE OF ANY DATA STORED ON THE SERVERS OF THIRD-PARTY
APPLICATIONS.
17.4. YOU AGREE THAT
WE SHALL, IN NO EVENT, BE LIABLE FOR
ANY
DIRECT, ACTUAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR
FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER
LOSS ARISING OUT OF OR CAUSED BY THE USERS USE OF OR INABILITY TO USE THE SERVICE AND THE SERVICES OF ANY
THIRD-PARTY OR SERVICE PROVIDER SO ENGAGED UNDER THESE TERMS OF SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
18. INDEMNITY
You agree to indemnify and hold harmless Yeldam Private
Limited,
its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and
expenses (including attorney's fees and costs) arising out of or relating to any claims that You have used the
Platform and the Services in violation of another party's rights, in violation of any law, in violations of any
provisions of these Terms herein, or any other claim related to Your use of the Platform and/or the Services,
except where such use is authorized by Us.
19. DISABLEMENT OR TERMINATION OF SERVICES
19.1. If You are the
authorized legal representative for a
deceased or
legally incapacitated User that has been formally ceased to be authorized to act for his/ her (without opportunity
for revival), and You wish to disable or terminate such Account and not avail Our Services for such User, then You
must notify Us in accordance with the requirements in these Terms to request disablement or termination of the
Service. We will disable or terminate the Service only if You demonstrate, to Our satisfaction, your legal
authority to act and be legally responsible for User.
19.2.
The Users of the Platform may disable or terminate their
respective Account by the following procedure:
19.3. A User may
disable his Account as prescribed by Us on the
Platform. The Individual may terminate their Account by contacting Us at
support@yeldam.com
19.4. Deletion
of User Account: You may choose to
permanently
terminate
Your Account with Us by submitting a request to Us on through Your email address. In the event that You choose to
permanently terminate Your Account, You will lose permanent access to Your Account and all associated information,
subject to the terms outlined here. Furthermore, upon Your confirmation to proceed with the deletion, Your Account
and all related information will be deleted and permanently erased in next fourteen (14) days. However, in certain
cases, We may retain certain information of the Users, if the same is necessary for a specified purpose or
required for compliance with other applicable laws.
19.5.
Termination of Account by Us: In addition
to the above, We
may
terminate Your Account, without notice to You, and suspend Your access to the Platform and the Services provided
thereof, at any time, effectively immediately if You violate any provisions of these Terms. We may provide You
notice for any such breach and its rectification; however, we will not be obligated to do so and may directly and
immediately terminate Your Account and the provision of Our Services to You.
19.6. Notwithstanding
anything, We shall not be liable to You or
any
third party for the termination or suspension of the Service towards You or any other User, or any claims related
to the termination or suspension of the Service. For the sake of clarity, in case of suspension of Your access to
the Platform, We will restrict Your access to the Platform. We reserve the right to decide whether the suspension
of Your access to the Platform will be temporary or permanent and whether We may decide to permanently terminate
Your Account or not.
19.7. Upon termination
of these Terms by You or Us, You must
discontinue Your use of the Platform and Services and destroy promptly all materials obtained from the Platform
and the Services and copies thereof.
20. MISCELLANEOUS
20.1. Any violation of
these Terms or any indecent action towards
third
party service provider will not be tolerated and shall attract prompt and punitive disciplinary action as per
applicable laws enforced in India and including but not limited to termination of usage rights as well as legal
action. Without limiting Ourselves of other remedies, you must pay Us any amount owed to Us and reimburse Us for
all losses and costs (including any and all of Our associates, officers or representatives time) and reasonable
expenses (including but not limited to legal fees) related to investigating a breach or collecting such amounts
due.
20.2. You acknowledge
that no joint venture, partnership,
employment,
or agency relationship is crated or exists between You and Us as a result of the Your use of the Platform.
20.3. Our performance
under these Terms is subject to existing
laws and
legal process and nothing contained in these Terms is in derogation of Our right to comply with law enforcement
requests or requirements relating to a User’s use of the Platform or Information provided to or gathered by Us
with respect to such use.
20.4. You shall not
assign any rights or obligations arising under
these Term, whether by operation of law or otherwise, without Our prior written consent. You agree that We may
subcontract certain aspects of the Service to third party service providers for the fulfilment of Services as per
these Terms.
20.5. Any claim or
controversy that arises out of or relates to
these
Terms, or the breach of it, the same shall be referred to a person nominated by Us whose decision shall be final
and binding upon the parties hereto. Such references shall be deemed to be a submission to arbitration in
accordance with the provisions of the Arbitration and Conciliation Act, 1996.The seat of arbitration shall be
Hyderabad, and the process shall be in English Language.
20.6. You acknowledge
that irreparable harm will result to Us if
You
breach any of these Terms and You acknowledge and agree that such a breach would not be properly compensable by an
award of damages. Accordingly, you agree that We shall be entitled to, in addition to other available remedies and
damages, injunctive relief or other equitable relief enjoining such breach at the earliest possible date.
20.7. In the event
that any provision of these Terms is held to be
invalid or unenforceable by a court or regulator of competent jurisdiction, the valid or enforceable portion
thereof and the remaining provisions of these Terms will remain in full force and effect. Our failure to exercise
or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any
waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other
provision or of such provision on any other occasion. All waivers must be in writing.
20.8. These Terms
shall be governed by the laws of India and in
case of
any dispute between You and Us in relation to the Services, the courts of Hyderabad shall have exclusive
jurisdiction.
21. GRIEVANCE REDRESSAL
If You have any grievance, then You may intimate the same to Our
Grievance Officer Mr. Abilash Perumandla, who is available at
support@yeldam.com. You can reach out to Our
Grievance Officer in the manner as laid down below:
(i) Sending a request in writing or through email signed with
electronic signature identifying the grievance.
(ii) Your contact information like address, telephone number,
email
address, etc., where You can be contacted.
22. CONTACT US
If You have any questions about these Terms, You can contact Us
by sending Us an email at
support@yeldam.com.