TERMS OF SERVICE AGREEMENT
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE AND MOBILE APPLICATION YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the "Agreement") governs your use of this website, www.yolmate.in (the "Website"), and the application “Yolmate”. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Yolmate reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website/Mobile application. Yolmate will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on the Website/Mobile application. Your use of the Website/Mobile application following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Yolmate encourages you to review this Agreement whenever you visit the Website/Mobile application to make sure that you understand the terms and conditions governing the use of the Website/Mobile application. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Yolmate for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website/Mobile application. If you would like to print this Agreement, please click the print button on your browser toolbar.
I. WEBSITE AND MOBILE APPLICATIONContent; Intellectual Property; Third-Party Links. In addition to making Products available, this Website/Mobile application also offers information and marketing materials. Yolmate does not always create the information offered on this Website/Mobile application; instead, the information is often gathered from other sources. To the extent that Yolmate does create the content on this Website/Mobile application, such content is protected by intellectual property laws of India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website/Mobile application is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. Yolmate does not endorse the contents on any such third-party websites. Yolmate is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website/Mobile application; Yolmate is not responsible for any damages resulting from the use of this Website/Mobile application by anyone. You will not use the Website/Mobile application for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website/Mobile application(including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website/Mobile application by other users, (3) not engage, directly or indirectly, in the transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (4) not defame, harass, abuse, or disrupt other users of the Website/Mobile application.
License. By using this Website/Mobile application, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website/Mobile application in connection with your normal, noncommercial, use of the Website/Mobile application. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Yolmate or the applicable third party (if third party content is at issue).
Posting. By posting, storing, or transmitting any content on the Website/Mobile application, you hereby grant Yolmate a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Yolmate does not have the ability to control the nature of the user-generated content offered through the Website/Mobile application. You are solely responsible for your interactions with other users of the Website/Mobile application and any content you post. Yolmate is not liable for any damage, harm, or any money, property loss resulting from any posts by or interactions between users. Yolmate reserves the right, but has no obligation, to monitor interactions between and among users of the Website/Mobile application and to remove any content.
II. DISCLAIMER OF WARRANTIESYOUR USE OF THIS WEBSITE/MOBILE APPLICATION AND/OR PRODUCTS ARE AT YOUR SOLE RISK. YOLMATE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOLMATE MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE/MOBILE APPLICATION WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IV. LIMITATION OF LIABILITYYOLMATE ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE/MOBILE APPLICATION CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR PRODUCTS PURCHASED VIA THE WEBSITE/MOBILE APPLICATION.
YOLMATE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE/MOBILE APPLICATION CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
V. INDEMNIFICATIONYou will release, indemnify, defend and hold harmless Yolmate, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs, and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website/Mobile Application content or your use of the Website/Mobile Application content; (3) any intellectual property or other proprietary rights of any person or entity; (4) your violation of any provision of this Agreement; or (5) any information or data you supplied to Yolmate. When Yolmate is threatened with suit or sued by a third party, Yolmate may seek written assurances from you concerning your promise to indemnify Yolmate; your failure to provide such assurances may be considered by Yolmate to be a material breach of this Agreement. Yolmate will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Yolmate choice at its expense. Yolmate will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Yolmate against any claim, but you must receive Yolmate prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website/Mobile Application or Products.
VI. AGREEMENT TO BE BOUNDBy using this Website/Mobile Application, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website/Mobile Application.
VIII. GENERALForce Majeure. Yolmate will not be deemed in default hereunder or held responsible for any cessation, interruption, or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, the act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. Yolmate may at any time, in its sole discretion and without advance notice to you, cease operation of the Website/Mobile Application.
Entire Agreement. This Agreement comprises the entire agreement between you and Yolmate and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of Yolmate to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website/Mobile Application originates from Bhopal, Madhya Pradesh. This Agreement will be governed by the laws of the State of Madhya Pradesh, India without regard to its conflict of law principles to the contrary. Neither you nor Yolmate will commence or prosecute any suit, proceeding, or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Madhya Pradesh. By using this Website/Mobile Application, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim to arise under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website/Mobile Application or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. Yolmate reserves the right to terminate your access to the Website/Mobile Application if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website/Mobile Application and Yolmate may, in its sole discretion and without advance notice to you, cancel any action by you. If your access to the Website/Mobile Application is terminated, Yolmate reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Website/Mobile Application. This Agreement will survive indefinitely unless and until Yolmate chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. Yolmate makes no representation that the Website/Mobile Application is appropriate or available for use in locations outside India. Users who access the Website/Mobile Application from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. Yolmate may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE/MOBILE APPLICATION FROM THIS WEBSITE/MOBILE APPLICATION YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.