Terms of Service

TERMS OF SERVICE AGREEMENT

LAST REVISION: 6th December 2020

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE/APP YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

1. LEGAL CONTRACT

This Terms of Service Agreement (the “Agreement”) governs your use of the Website and App, This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. We reserve 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. YoHindi 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 this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. We encourage you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with us 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 or App.

2. WEBSITE Content; Intellectual Property; Third Party Links

This Website also offers information and marketing materials. This website also offers information, both directly and through indirect links to third-party websites. YoHindi does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that YoHindi does create the content on this Website, such content is protected by intellectual property laws of the 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 is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. YoHindi 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; YoHindi is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You shall not (a) copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), download, display, perform, reproduce, distribute, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any Materials contained in the Website and App. These restrictions apply in relation to all or part of the Materials on the Website and App; (b) copy and distribute this information on any other server, or modify or re-use text or graphics on this system or another system. No reproduction of any part of the Website content may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or web site, whether in hard copy or electronic format, including postings to any other web site; (c) remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from the website; link to this Website without our express written consent. Posting. By posting, storing, or transmitting any content on the Website, you hereby grant YoHindi 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. YoHindi does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. YoHindi is not liable for any damage or harm resulting from any posts by or interactions between users. YoHindi reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content YoHindi deems objectionable.

3. DISCLAIMER OF WARRANTIES

Your Use of this website and/or service are at your sole risk. The website and services are offered on an “as is” and “as available” basis. YoHindi 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 service or website content, or any reliance upon or use of the website content or services without limiting the generality of the foregoing, YoHindi makes no warranty that the information provided on this Website or App 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 will create any warranty not expressly stated herein as to the results that may be obtained from the use of the services or that defects in service will be corrected regarding any services through the website. some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

3. LIMITATION OF LIABILITY 

You expressly understand and agree that YoHindi, including its directors, officers, employees, representatives or the service provider, shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if YoHindi has been advised of the possibility of such damages), resulting from; (a) use or the inability to avail the Services (b) inability to use the Website or App (c) failure or delay in providing the Services or access to the Website or App (d) any performance or non-performance by us (e) any damages to or viruses that may infect your electronic devices or other property as the result of your access to the Website or App or your downloading of any content from the Website or App and (f) server failure or otherwise or in any way relating to the Services.

4. INDEMNIFICATION

You will release, indemnify, defend and hold harmless YoHindi, 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 content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary rights of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to YoHindi. When YoHindi is threatened with suit or sued by a third party, YoHindi may seek written assurances from you concerning your promise to indemnify YoHindi; your failure to provide such assurances may be considered by YoHindi to be a material breach of this Agreement. YoHindi 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 YoHindi choice at its expense. YoHindi 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 YoHindi against any claim, but you must receive YoHindi 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 or Products.

5. PRIVACY

YoHindi believes strongly in protecting user privacy and providing you with notice of the use of data. Please refer to YoHindi privacy policy, incorporated by reference herein, that is posted on the Website.

6. SEVERABILITY

In the event that any provision of this Agreement shall be deemed by any court having jurisdiction thereon to be illegal, invalid or unenforceable, it shall in no way affect or prejudice the legality, validity or enforceability of any other term or condition of this Agreement. If any provision of this Agreement shall be deemed by such court to be unenforceable because such provision is too broad in scope, such provision shall be construed to be limited in scope to the extent such shall deem necessary to make it enforceable, and if any provision shall be deemed inapplicable by any such court to any person or circumstances, it shall nevertheless be construed to apply to all other persons and circumstances

7. GENERAL

Force De Majeure YoHindi will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations here under due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott. Cessation of Operation. YoHindi may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products. Entire Agreement. This Agreement comprises the entire agreement between you and YoHindi and supersedes any prior agreements pertaining to the subject matter contained herein. Effect of Waiver. The failure of YoHindi 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 originates from the New Delhi, India. This Agreement will be governed by the laws of the State of New Delhi without regard to its conflict of law principles to the contrary. Neither you nor YoHindi 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 New Delhi. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising 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 or Products 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. YoHindi reserves the right to terminate your access to the Website 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 and YoHindi may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, YoHindi reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until YoHindi chooses, in its sole discretion and without advance to you, to terminate it. Domestic Use. YoHindi makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website 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. YoHindi may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

8. CONTACT INFO

Please report any violations or grievances with relation to these Terms to Us at [email protected]

AGREEMENT TO BE BOUND: By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.