Yaari Cabs Terms of Service
Last updated on 23-Jan-2020.
In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
The internet resource www.yaaricabs.com/ Yaari Cabs Mobile Application / Services (hereinafter referred to as the “Platform” is owned by SOOQ Technologies Private Limited,having its registered office at No 577, 1st floor, 8th main road, 5th Block, 1st stage HBR layout Bangalore 560043 (hereinafter referred to as “Company/Yaari”). This document in its present form is the property of SOOQ Technologies Private Limited and shall belong to the parent company which owns SOOQ Technologies Private Limited, its subsidiaries and assigns as may be created from time to time.
By accepting these Terms, you are entering into a legally binding Agreement (“Agreement”) with us.
This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions specific to use of individual Services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.
These Terms, along with the others found on our Platform, include our policy for acceptable use of the Platform, its content, the content posted on the Platform, your rights, your obligations, as well as restrictions regarding your use of the Platform.
When you access, browse or use the Platform, you accept, without limitation or qualification, the terms and conditions set forth herein. When you access or use any of the Services, you will be subject to the rules, regulations, policies and all applicable terms and conditions which shall be deemed to be incorporated into and be a part and parcel of these Terms. When you access any sub-site or any other mobile application (whether belonging to an ‘associate’ of the company or otherwise) through this Platform, such sub-site or mobile application may have its own terms and conditions, which are specific to thereto.
We may modify these Terms from time to time and such modification will be effective upon posting on the Platform. You agree to be bound to any changes to these Terms when you use the Platform after any such modification is posted. It is important that you review these Terms regularly to ensure you are updated as to any changes made.
So long as you comply with these Terms, and the Service specific Terms, the Company grants you a non-exclusive, non-transferable, limited right to enter, view and use this Platform and/or avail Services.
“Account” shall mean the account created by the Customer on the Application for availing the Services provided by Yaari.
“Additional Fee” shall mean any toll fees, inter-state travel taxes, etc. and such fees that may not be included in the Ride Fee or not already paid as a part of the Ride Fee but payable to any third party / government authorities for undertaking the Ride under Applicable Law.
“Applicable Laws” shall mean any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, by-law, government approval, directive, guideline, or any interpretation, policy or administration having the force of law in India, by any authority having jurisdiction over the matter in question, whether in effect as of the date of this Agreement or thereafter, and the word “Laws” shall be construed accordingly.
“Application” shall mean the mobile application “Yaari Cabs” as updated by Yaari from time to time.
“Cancellation Fee” shall mean the fee payable towards cancellation of a Ride by the User.
“Content” refers to any text, image, graphic, video, audio, or all forms of data which are made available on the Platform.
“Customer / You / User” shall mean the natural person who has gained access to the Platform by providing Registration Data while registering for Services.
“Driver” shall mean the natural person providing transportation services through the Platform.
“Intellectual Property Rights” refers to all intellectual property rights and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world and intellectual property for the full term of the rights concerned and including all extensions and renewals of such rights, whether or not such rights are registered or capable of registration, including, without limitation, copyrights, trademarks, trade names, service marks, service names, patents, designs and all other proprietary rights of whatsoever description whether or not protected and whether or not capable of protection.
“Registration Data” shall mean the mandatory and optional data that is submitted by Users to browse the Platform and/or avail the Services.
“Ride” shall mean the travel in the Vehicle by the User facilitated through the Platform.
“Ride Fee” shall mean such amount in Indian Rupees, which is reflected on the Platform, as the fare payable to a Driver for the specific Ride service provided by the Driver.
“Refund/Return” As we are a mere intermediary service, and no payment is being made by User to the Company for Ride Services, all disputes related to Fees is between the User and the SP. Thus, there shall be no refunds of any fees paid or payable by the User for the ride services.
“Service(s)” shall mean the facilitation of transportation service by Yaari through the Platform.
“SP/Service Provider” shall mean a Driver and/or an operator associated with us offering transportation services.
“Vehicle” shall mean a motor cab as defined under the Motor Vehicles Act,1988.
“Your Content” refers to any content submitted by way of registration or in connection with use of the Platform or for availing Services.
“Yaari” or “us” or “we” or “our” shall mean SOOQ Technologies Private Limited.
You must be of legal age to enter into a binding agreement in order to accept the Terms.
Without limitation to the foregoing, in the event you are barred from undertaking legally binding obligations under the Indian Contract Act, 1872, or are for any reason, unable to provide ‘Consent’ as per the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011, you are not eligible to register for, use or avail the services available on the Platform.
Notwithstanding the aforementioned, the minimum age of Users is 18 years
Registration as a User
The browsing of the Platform, including the Services offered therein, is available to registered Users.
To become a registered User, you must be eligible, and will be required to provide Registration Data. You represent and warrant that all information you supply to us, about yourself, and others, including Registration Data, is true and accurate.
If you provide any information that is untrue, inaccurate, out of date or incomplete (or becomes untrue, inaccurate, out of date or incomplete), or we have reasonable grounds to suspect that the information provided by you is untrue, inaccurate, out of date or incomplete, we may, in our sole discretion, discontinue the provision of the Services to you or discontinue your access to the Platform by suspending or terminating your Account.
By providing Registration Data, you agree to undergo a Registration Data verification process which may include you providing One Time Password / OTP to verify your mobile number, and verifying your e-mail id using the verification link sent to the e-mail address you provide as part of Registration Data.
In the event you find any content on the website which you deem is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable, against any religious beliefs, spam, potentially infringing or is not authorized by the intellectual property rights owner or is violative of any applicable law, you are requested to report such content to firstname.lastname@example.org. On receiving such report, the company reserves the right to investigate and/or take such action as the company may deem appropriate.
You are allowed to create and operate only one Account using the Registration Data. In case You are unable to access Your Account, or suspect any unauthorized use of Your Account, please inform Us at email@example.com and make a written request for blocking Your Account. We will not be liable for any unauthorized transactions made through Your Account prior to the resolution of your request.
You are solely responsible for maintaining the confidentiality of your Registration Data and will be liable for all activities and transactions that occur through Your Account, whether initiated by You or any third party. Your Account cannot be transferred, assigned, or sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.
If your Account has been compromised or we have reasonable grounds to suspect that your Account has been compromised, we may, in our sole discretion, discontinue the provision of the Services to you or discontinue your access to the Platform by suspending or terminating your Account.
- The Platform allows Users to avail the transportation services offered by SP’s.
- The Service allows Users to send a request through the Platform to a Driver on our network. The Driver has sole and complete discretion to accept or reject each request for service.
- Yaari shall procure reasonable efforts to bring You into contact with a Driver, subject to the availability of Driver in or around Your location at the moment of Your request for such services.
- Yaari shall, upon receiving the booking request from You in the manner set out above, proceed to confirm or decline the booking based on the availability of Vehicles at the pickup time, which shall be informed to You vide an App/SMS and/or email.
- If the Driver accepts a request, the Company notifies You and provides information regarding the Driver – including Driver name, Vehicle license number, of the Driver and such other details as Yaari may determine necessary or applicable for the Ride.
- You shall be solely responsible to check the booking details including but not limited to pick up time and pick up place and shall bear the consequences and damages for any delay that may be caused to You due to Your failure to check the confirmation APP/SMS or email.
- During the provision of transport services to you, you shall not smoke and drink in the Vehicle or misbehave with the Driver or distract the Driver or act in violation of Applicable Law. In the event you do so, you shall be liable to pay a fine and we shall additionally have the right to terminate the Ride. In the event You fail to pay the fine after the completion of the Ride, we may at our discretion, take such steps as may be available to us under Applicable Law, including suspension or termination of your Account.
- We do not endorse any of the Drivers on the Platform, nor provide any guarantee as to their abilities, Vehicle fitness quality, reliability, etc.
- You acknowledge that the agreement for provision of transportation services is between the Driver and the User and as such any breach of contract and any claim arising from such breach is the subject matter of the Driver and the User alone and we are in no way a party to such breach or involved in any action or proceeding arising from the same breach. The actions/proceedings arising from such breach shall be between the Driver and the User directly.
- You release and indemnify us and/or any of our officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Drivers on the Platform and specifically waive any claims that you may have in this behalf under any applicable law.
- We will be entitled to enter into any tie-up in terms of joint-venture or otherwise with any other institution engaged in the business of providing services analogous and/or similar to those herein contained. In such case, depending upon the modality and the mechanism as may be devised, you will be provided with the services by Yaari jointly and/or severally with the party/ies in joint venture. You hereby give Your irrevocable consent and permission to such a tie-up. In the event of such a tie-up, the terms and conditions herein contained will, mutatis mutandis, become applicable in respect of such tie-up arrangement also.
- In the event of breakdown of the Vehicle, which is beyond repair, before completion of the Ride, we may, on a best effort basis and at our sole discretion, arrange for a substitute Vehicle for completion of Your Ride, which is subject to availability and may not be of the same type as the original Vehicle offering you the Ride.
- Yaari bears no responsibility and liability for delays and losses suffered by You or caused to You as a consequence of the breakdown of the Vehicle or the substitute Vehicle.
- You shall take full responsibility of Your items and luggage. In case of lost items inside the Vehicle during the Ride, Yaari will try to locate the items on a “best-effort” basis but is not responsible for the same in case of loss or damage to the same.
- In the event you have concerns over any Ride you have availed or the Driver that has provided the service to you, You shall report such concern to us within 7 (seven) days of the happening of the event/issue through the Application/Platform, failing which, such concerns will not be addressed. Any issue reported on channels other than the above may be addressed by Yaari only on a best-effort basis.
- Yaari shall endeavour to respond to your concerns within 2 (two) working days of your reporting the same and endeavour to resolve it at the earliest possible. It is hereby clarified that concerns are resolved on severity basis, and certain may be resolved earlier than the other. However, Yaari shall not be liable for any damages or losses in the event You are not satisfied with any such resolution.
Disclaimer: DUE TO SOME TECHNICAL ISSUES, TYPOGRAPHICAL OR HUMAN ERRORS, IMAGES, RATINGS, SERVICES, SERVICE DESCRIPTIONS, PRICES, DRIVER DETAILS, VEHICLE DESCRIPTION, VEHICLE NUMBER, AND ANY INFORMATION RELATED TO DRIVERS, USERS OR CONTENT MAY BE INCORRECTLY REFLECTED ON THE PLATFORM. WE DO NOT TAKE ANY RESPONSIBILITY FOR THE RELIANCE PLACED ON SUCH INCORRECT INFORMATION. WE ASSUME THAT THE DRIVERS LISTED ON THE PLATFORM ARE AUTHENTIC AND ACCURATE AND THE DRIVERS AND USERS HAVE THE AUTHORITY TO CARRY ON THE TRANSACTIONS ALLOWED, FACILITATED, OR OTHERWISE ACCESSIBLE ON OR THROUGH THE PLATFORM.
Payment for Services
- The Users shall make payments for all transportation services / Rides provided by SP’s/Drivers directly to the SP in question.
- In the event you cancel a Ride after the booking has been confirmed, you will be required to pay such Cancellation Fee as displayed on the Platform/Mobile Application at the time of cancellation. The Cancellation Fee shall be payable by You at the completion of Your subsequent Ride.
- The User shall be required to pay such Additional Fee during the Ride as may be applicable.
- At the end of each Ride Yaari shall provide You with a receipt of the total Ride Fee which will include any Additional Fee and/or Cancellation Fee payable by you towards a previous transaction.
- All payments towards Ride Fees, Additional fees, and Cancellation Fees shall be made directly to the Driver through cash payments or Unified Payment Interface (UPI) payment options, if available.
- In the event the User fails to make a payment for Ride services, or fails to pay Cancellation Fees or Additional Fees, the User hereby authorizes Yaari to make payments to the Driver on behalf of the User, and collect from the User any such payments made on their behalf. Such collection may be made through the mobile application or through the Platform.
You are a restricted user of this Platform.
You are bound not to cut, copy, distribute, modify, recreate, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information obtained from the Platform. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Platform is not permitted.
You agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface that is provided by the Platform. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Platform or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform are hereby expressly prohibited.
In places where this Platform allows you to post or upload data/information, you undertake to ensure that such material is not offensive and in accordance with applicable laws. In the event you are asked to review any Ride or any Driver, you agree to be fair, accurate and non-disparaging while leaving comment, feedbacks, testimonials or reviews on or about the Rides or Services.
You undertake not to 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;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, 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 any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- 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;
- impersonates 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; or
- 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.
The User shall not:
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean, or otherwise violate the legal rights of others;
- Engage in any activity that interferes with or disrupts access to the Platform or the servers and networks which are connected to the Platform;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload, distribute, or otherwise make available content that contain viruses, corrupted content, or any software or program that may damage the operation of the Platform or another’s operation of the Platform;
- Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Platform, or any other customer of the Platform, including any User Account not owned by you, to its source, or exploit the Platform or Service or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, as provided for by the Platform;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform, or any affiliated or linked sites;
- Collect or store data about other Users in connection with the prohibited conduct and activities set forth in this section;
- Use the Platform or any material or Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or other third parties;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Publish, post, disseminate information that is false, inaccurate, or misleading;
- Create liability for us or cause us to lose (in whole or in part) the services of our internet service provider (“ISPs”) or other suppliers/service providers.
By using the Application or the Service, you further agree that:
- You will only use the Service or download the Application for Your sole, personal use and will not resell or assign it to a third party;
- You will not use an account that is subject to any rights of a person other than You without appropriate authorization;
- You will provide Yaari with such information and documents which Yaari may reasonably request;
- You will only use an authorized network to avail the Service; and
- You are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
We reserve the right to immediately terminate the Service and the use of the Platform in the event of non-compliance with any of the above requirements.
We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or summons.
By using this Platform, it is deemed that you have consented to receiving calls, autodialled and/or pre-recorded message calls, text messages, videos, images, and other data from us at any time, on the contact information that has been provided by you as part of Registration Data or otherwise.
In the event you avail Services, we may send any information deemed relevant to the service you desire, via SMS, Chat, email, or by voice call on the contact number provided by you or through information about you received from other parties. You may also be contacted by Drivers whose services you book and/or avail through the Platform or by service providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document, and all other policies followed by us.
The consent to be contacted is for purposes that include but are not limited to clarification calls and marketing and promotional calls.
You agree and permit Yaari to share any information provided by You with third parties in order to facilitate provision of certain value-added services offered by such third parties to You and/or to provide certain value-added services to You by Yaari. You hereby expressly consent to receive communications from Yaari/ third parties offering value-added services to You through Your registered phone number and/or e-mail id and/or the Platform. You agree that You will not hold Yaari responsible for any such communications received from third parties, nor will any such communication amount to spam, unsolicited communication or a violation of Your registration on the national do not call registry.
You hereby agree and undertake to indemnify us against all types of losses and damages incurred by us due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by you against us with respect to the intimations mentioned above or due to a wrong number or email id being provided by you for any reason whatsoever.
You agree and consent to receive all communications at the mobile number provided, even if this mobile number is registered under DND/NCPR list under TRAI regulations. And for that purpose, You further authorise Sooq Techonologies pvt ltd to share/disclose the information to any third party service provider or any affiliates, group companies, their authorised agents or third party service providers.
Intellectual Property Rights
This Platform and the Information available on or through the Services and/or the Platform, including without limitation, text, photographs, graphics and video and audio content, but excluding Vendor Content and User Content, is the sole and exclusive property of the Company and/or its licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. We retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Platform, except as specified to the contrary.
You acknowledge that the Services and any underlying technology or software used in connection with the Services contain the company’ proprietary information.
There are a number of proprietary logos, service marks and trademarks found on this Platform whether owned/used by the Company or any other third party. By displaying them on Platform, the Company is not granting you any license to utilize the proprietary logos, service marks, or trademarks.
From time to time, the Company may post comments or articles on the Platform. These articles are the Intellectual Property of the Company and you are prohibited from posting, reproducing, publishing, amending, or editing such articles. In the event you have an issue with any article so posted, you may report the same via mail and we may look into it. We are under no obligation to remove such articles and the final decision lies with us.
We are not in any way liable to you, for any loss arising to you from activities that include but are not limited to our negligence, breach of contract, Intellectual Property infringement, breach of laws, etc.
We give you permission to use the aforementioned content in accordance with these Terms and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Platform for your own convenience, but you may not copy, distribute, republish, sell, or exploit any of the content, or exploit the Platform in whole or in part, for any commercial gain or purpose whatsoever, save as set forth in these Terms. The Company does not grant you any express or implied rights, and all rights in the Platform and the Services not expressly granted by the Company are retained by the Company.
From time to time, our Platform may have external links connected to other websites of Third Parties. We are in no way liable for the information found on the external websites. External websites may have their own policies and we are in no way responsible for any loss or damage cause by them to you. You are advised to use your own discretion in the navigation and use of external websites.
Our Use Of User Content
You grant Yaari, its affiliates and concerns a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to store, display, reproduce, and distribute your User Content on the Platform for the purposes of operating, developing, providing, and using our Services. Nothing in these Terms shall restrict other legal rights we may have to User Content under other licenses. We reserve the right to remove User Content for any reason, including a violation or an apparent violation of these Terms or our policies, as we may solely determine.
Following termination or deactivation of your account, or your removal of any User Content from the Platform, we may, but shall not be bound to, retain such Content for a commercially reasonable period of time for backup, archival, or audit purposes. It is specified that the Company shall have the right to remove all User Content following termination or deactivation of your account.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE PLATFORM, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS PLATFORM IS ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT
- YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
- MATERIALS OR INFORMATION PROVIDED WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
- THE DRIVER AND/OR VEHICLE DETAILS DISPLAYED TO YOU WILL BE ACCURATE OR UPDATED;
- ANY ERRORS OR DEFECTS IN THE PLATFORM, SERVICES, OR OTHER MATERIALS, WILL BE CORRECTED;
- THE RIDE WILL BE SATISFACTORY; OR THAT
- THE RIDE DURATION AND/OR ROUTE WILL BE AS DISPLAYED TO YOU ON THE PLATFORM;
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR SUCH ACTIONS. THE COMPANY ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT OR VENDOR CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. THE COMPANY ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS, BE LIABLE TO YOU, OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE PLATFORM, SERVICES OR MATERIALS.
WE SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ANY OBLIGATIONS UNDER THIS USER TERMS, IF THE PERFORMANCE IS PREVENTED, HINDERED OR DELAYED BY A FORCE MAJEURE EVENT AND IN SUCH CASE OUR OBLIGATIONS UNDER THIS USER TERMS SHALL BE SUSPENDED FOR SO LONG AS THE FORCE MAJEURE EVENT CONTINUES.
IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YAARI’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF RS. 1000/- (RUPEES ONE THOUSAND ONLY).
IF APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY, THE SCOPE AND DURATION OF SUCH WARRANTY EXCLUSIONS AND THE EXTENT OF THE LIABILITY OF YAARI SHALL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
Term, Termination, Survival
This Agreement shall become effective from the date of registration of the User account and shall continue in effect thereafter unless terminated as set forth below:
You are entitled to terminate the agreement at all times by deletion of Your Account, thus disabling the use by You of the Platform. You can close Your Account at any time by following the instructions on the Platform.
Yaari is entitled to terminate the agreement at all times and with immediate effect (by disabling Your use of the Platform and the Service) if You: (a) violate or breach any term of these User Terms, or (b) in the opinion of Yaari, misuse the Platform or the Service. Yaari is not obliged to give notice of the termination of the agreement in advance. After termination Yaari will give notice thereof in accordance with these User Terms.
Termination of this agreement will not prejudice accrued rights of either Yaari or You
Any terms or conditions of this Agreement which by their express terms extend beyond termination or expiration of this Agreement or which by their nature will so extend will survive and continue in full force and effect after any termination or expiration of this Agreement.
Subject to Your compliance with these User Terms, Yaari grants You a limited, revocable, non-exclusive, non-transferable and non-sub-licensable license to download and install a copy of the Application on a single mobile device that You own or control and to run such copy of the Application solely for Your own personal use and to use the Site.
Upon download and installation of the mobile application, you grant the following permissions to the application to perform the following actions on the device you have installed the application on:
- to retrieve information about the device;
- to retrieve information about other applications running on the device the application has been installed on;
- to access information about accounts on the device;
- to read from, write on, modify, and delete data pertaining to contacts on the device;
- to access information about networks, access networks including Wi-Fi networks, receive and send data through the network;
- to determine your approximate location from sources like, but not limited to mobile towers and connected Wi-Fi networks;
- to determine your exact location from sources such as, but not limited to GPS;
- to access the model number, IMEI number and details about the operating system of the device the application has been installed on, as well as the phone number of the device;
- to detect when the device had been switched off and switched on and to identify the status of the device;
- to read from, write on, modify, and delete data pertaining to the application on the device’s hard disk and/or external storage;
- to read from, write on, modify, and delete data pertaining to Photos / Media / Files on the device’s hard disk and/or external storage;
- to access the camera on the device and record photographs and videos;
- to access the microphone on the device and record audio;
- to access and change the display and sound settings of the device;
- to capture audio output;
- to interact across users on the device;
- to pair with Bluetooth devices;
- to run at start-up of the device;
- to draw over other apps on the device;
- to control vibration of the device; and
- to prevent the device from sleeping.
All disputes between the User and the Company arising from the use of the Platform by the User shall be resolved amicably by mediation or negotiation, failing which they shall be referred to binding arbitration by a Sole Arbitrator. The Sole Arbitrator shall be jointly appointed by the Company and the User. The arbitral award shall be final and binding on the parties and there shall be no further remedy available. The arbitration proceedings will take place in Bangalore and will be in English. The provisions of the Arbitration and Conciliation Act, 1996, shall apply to the arbitration.
The Courts in Bangalore, Karnataka, shall have the jurisdiction for all suits arising out of or in connection with this Agreement.
Any grievances, issues, queries, complaints, or information that you wish to communicate to us can be addressed to our Grievance officer at 080-68366020 (Mr. Farooq Ahmed).
- The company reserves its exclusive right in its sole discretion to alter, limit or discontinue the Platform or any material posted herein, in any respect. The company shall have no obligation to take the needs of any user into consideration in connection therewith.
- The company reserves its right to deny in its sole discretion any user access to this Platform or any portion hereof without notice.
- If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
- No waiver by the company of any provision of these Terms shall be binding except as set forth in writing and signed by its duly authorized representative.
- From time to time, the Platform may automatically check the version of the mobile application installed on the device of the User and, if applicable, provide suitable updates (hereinafter referred to as “Updates”). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins, and new versions of the application. By using the Platform, you authorize the automatic download and installation of Updates and agree to download and install Updates manually, if necessary.
- Yaari reserves the right, at its sole discretion, to modify or replace, in part or full, any of these User Terms.
- Yaari shall not be required to notify You of any changes made to these User Terms. The revised User Terms shall be made available on the Site. You are requested to regularly visit the Site to view the most current User Terms. You can determine when Yaari last modified the User Terms by referring to the “Last Updated” legend above. It shall be Your responsibility to check these User Terms periodically for changes. Yaari may require You to provide Your consent to the updated User Terms in a specified manner prior to any further use of the Site and the Services. If no such separate consent is sought, your continued use of the Site, following the changes to the User Terms, will constitute Your acceptance of those changes. Your use of the Site and the Services is subject to the most current version of the User Terms made available on the Site at the time of such use.
- Yaari may give notice by means of a general notice on the Service or Application, or by electronic mail to Your email address or a message on Your registered mobile number, or by written communication sent by regular mail to Your address on record in Yaari’s account information.