Terms & Conditions
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. YOSTOR may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct if believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.
YOSTOR, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Subscribers upon posting of the modified Agreement to this web address (URL): www.yostor.com. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with YOSTOR 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. If you would like to print this Agreement, please click the print button on your browser toolbar.
2. MEMBERSHIP ELIGIBILITY
www.yostor.com does not accept agreements and payments from persons under the legal age of 18 years, un-discharged insolvents etc. By submitting your account application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.
Business entity registration: If you are registering as a business entity, you represent that you are duly authorized to accept this User Agreement and you have the authority to bind Your business entity to this User Agreement.
Guest User: If you are transacting as a Guest User, you shall not be allowed to list/ sell products or services on Website and there could be certain additional restrictions on you as a Guest User for Your purchase and the other functionality of the Website available to you. As a Guest User, Buyer will not be eligible for Clues Bucks and all other benefits that are not assignable to a non-registered user.
3. ACCOUNT AND REGISTRATION
You agree and understand that on your registration as a User or on your purchase of Products on the Platforms, you agree to allow us to communicate through text messages and/or emails/ telephone calls from YOSTOR on your registered mobile number and/or email address. You agree and understand that you shall be responsible to YOSTOR and third parties for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform if you provide any information that is untrue, inaccurate, not current or incomplete.
You consent to
- immediately notify YOSTOR of any unauthorized use / breach of your password or account
- ensure that you exit from your account at the end of each session.
Seller Registration: To be eligible to sell items on YOSTOR, the User is required to separately register with YOSTOR authorized Payment Gateway facility. The seller shall provide complete details of the Seller Bank Account through authorised Payment Gateway Seller Registration or at a later date in lieu of or in addition to the original Seller’s Bank Account.
Buyer Registration: Other than being a User, there is no separate registration requirement for buyers. YOSTOR authorized Payment Gateway facility is available to Buyers who hold a Valid Card or Valid Bank Account. When making a request you undertake that all details you provide to us requesting goods or services are true and accurate, that you are an authorised user of the credit or debit card used to make your request and that there are sufficient funds to cover the cost of the goods and services. It is your responsibility to inform us of any changes to these details as soon as possible.
Electronic Communication: You agree to keep yourself updated with all data, information and communication pertaining to you made available on YOSTOR. You further agree that your use of YOSTOR or provision of any data or information including any correspondence (by email or otherwise) to or by the YOSTOR is through electronic records and you consent to receive communication from the YOSTOR via electronic records which will be deemed adequate service of notice/ electronic record.
4. GENERAL CONDITIONS
YOSTOR reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes.You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website.
5. PRODUCT AND SERVICES
All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction. Prices for our products are subject to change, without notice. We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities. We do not guarantee the accuracy of the colour or design of the products on our website. We have made efforts to ensure the colour and designs of our products are displayed as accurately as possible on our website. We are not liable for incorrect measurements provided in the custom measurement form. You acknowledge that you are responsible for the custom measurements provided by you to our website. We are not responsible for any errors in the measurement form as entered by you. When using the custom measurement feature, we will do our best to ensure accuracy of measurements provided, but we do not guarantee it 100%. Any minor discrepancies (i.e. altering the garment to be taken in or taken out) shall be bore by the customer. Any major discrepancies that cannot be easily corrected by a local tailor (i.e. length of garment is too long, neck depth is too deep, wrong fabric, etc.) can be sent back to our registered office for correction.
6. Order Acceptance
Yostor offers products that are ‘made-to-order’’ custom’ or by our participating designers and are subject to acceptance and availability. Once your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, rather a confirmation that we have received it. We reserve the right not to accept your order in the event that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is not reproducible or that you do not meet the eligibility criteria set-out within the terms and conditions.
Acceptance of your order will occur when we email you the details of your order and it has been submitted for processing. Once you receive this email, your order will go into production. Please be aware that because of the “custom” nature of the transactions on our Site you should expect a delay of four (4) to eight (8) weeks between the date you place your order and the date that the Product is ready for shipment. The estimated delivery time will be indicated to you clearly on the product details page, therefore, please take this into consideration when placing your order.
7. Order Changes, Cancellation and Availability
We are constantly updating and revising our offering of products, and we may discontinue products at any time without notice. If your product has been discontinued after you have purchased it we will notify you immediately and refund your payment in full or offer another alternative as agreed upon by us and you.
If you wish to cancel your order after placing it, you may only do so within twenty-four (24) hours of submitting it. To do so, please email email@example.com within twenty-four (24) hours of submitting your order and we will refund your money within 7-10 days of receiving your request. Any requests received after twenty-four (24) hours of submitting your order will not be accepted and cannot be cancelled.
8. Pricing Policy
Please note that product prices may change daily according to existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate change before your order is accepted, product discontinuation, manufacturer price changes, errors in advertisements, and other extenuating circumstances. While Yostor strives to provide accurate product and pricing information, pricing or typographical errors may occur. Yostor cannot confirm the price of a product until after you place your order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Yostor shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already gone into production. In the event that an item is wrongly priced, Yostor may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has gone into production, your offer will not be deemed accepted and Yostor will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that Yostor accepts your order the same shall be debited to your credit card account. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account. We strive to provide you with the best prices possible on products and/or services you buy from us, however, We do not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without any prior notice. The prices mentioned on the Site are not subject to comparison with the same or similar product(s) and/or service(s) available through any online or offline sale. The pricing is subject to our pricing policy and the prices shall be determined only at our sole discretion
PLATFORM FOR TRANSACTION AND COMMUNICATION
The Sellers and Buyers utilize to meet and interact with one another for their transactions on this online Platform. Yostor acts as an intermediary between Seller and Buyer and also provides visual representations on the Platforms including images, graphics, videos, illustrations, photographs, charts, screenshots, infographics and other visual aids as a means to assist Users in making their choice. Display of Products for purchase on the Platforms is merely an invitation to offer. Yostor is not and cannot be made as a party to or liable in any manner any transaction between the Yostor's Users (sellers and buyers). Henceforward:
The Users use to meet and cooperate with each other for their exchanges on the online Platform. Yostor is not and can't be made as a gathering to or at risk in any way any exchange between the Yostor's Users (venders and purchasers). Yostor acts a middle person amongst dealers and purchaser empowering vender to display, promote and empower purchaser for purchasing. Henceforward:
- YOSTOR does not control, endorse or accept responsibility for any product (including but not limited to product catalogues) proposed to be sold or offered to be sold or purchased on the website or any linked sites. YOSTOR makes no representations or warranties whatsoever about, and shall not be liable for the Seller or any such third parties, their products including representations relating to merchantability, fitness of a product or service for a particular purpose, warranty as to specific products and non-infringement of third party intellectual property rights. Any transactions that the Buyer may have with such third parties are at Buyer's own risk. The products shall be subject to Seller's terms and conditions for warranty, service and maintenance, and YOSTOR does not accept any responsibility for the same. YOSTOR also does not accept any responsibility for the usage of the products by the Buyer.
- YOSTOR specifically disclaims any liability with regard to any illegal, infringing, fake, duplicate, spurious, defective or counterfeit, refurbished, expired products purchased by the Buyer from the Seller and YOSTOR shall not assume any liability if the product purchased or availed by the Buyer from the Seller is not exactly as per specifications detailed in the purchase confirmation of the order.
- All commercial / contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties and after sales services related to goods and services. YOSTOR does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between Buyers and Sellers.
- YOSTOR is not responsible for any non-performance or breach of any contract entered into between Users (includes Registered User or Guest User). YOSTOR cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website. YOSTOR shall not and is not required to mediate or resolve any dispute or disagreement between Users.
- YOSTOR does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
- YOSTOR does not warrant that the sale price provided by the Seller of the product is accurate, proper and valid. Any error in the sale price shall be solely attributed to the Seller and not to YOSTOR. Prices, Product description and availability of the Product are Seller's responsibility.
- YOSTOR does not at any point of time during any transaction between the Buyer and the Seller on the Website come into or takes of any of the goods or services offered by Seller nor does it at any point gain title to or have any rights or claims over the goods or services offered by the Seller to the Buyer.
- Buyer expressly acknowledges that the Seller selling the defective Product will be responsible to the Buyer for any claims that the Buyer may have in relation to such defective Product and YOSTOR shall not in any manner be held liable for the same.
- The Website is only a venue through which Users can reach a larger base to buy and sell items or services. YOSTOR is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall any right, title or interest over the items vest with YOSTOR nor shall YOSTOR have any obligations or liabilities in respect of such contract. YOSTOR is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items, which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply as offered by the Sellers.
- At no time shall any right, title or interest over the items vest with YOSTOR nor shall YOSTOR have any obligations or liabilities in respect of such contract. YOSTOR is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items offered by the Sellers are only for a restricted time and only for the available supply as offered by Sellers.
- You release and indemnify YOSTOR and/or any of its shareholders, directors, officers, employees and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that You may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, YOSTOR cannot control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretense.
9. USER COVENANTS AND OBLIGATIONS
As mandated under the provisions of Regulation 3(2) of the IG Rules, YOSTOR hereby informs you that agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which you do not have any right;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- is misleading in any way;
- harms minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- violates any law for the time being in force;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates or defames another person; or
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
- solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- shall not be false, inaccurate or misleading:
(aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force:
(ab) shall not 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;
- You are also prohibited from:
- violating or attempting to violate the integrity or security of the Platforms or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means;
- scanning or testing the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website;
- using any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;
- forging headers or otherwise manipulating identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity;
- copying or duplicating in any manner any of the YOSTOR Content;
- You also Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information.
- From time to time, you shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner;
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website;
- It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website;
- You shall not use any "deep-link", "page-scrape", "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 any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve the right to bar any such activity.
10. ACCEPTANCE OF ORDERS
All orders are subject to written price verification by authorized Our YOSTOR personnel unless designated in writing to be firm for a specified period of time. Shipment of goods without written price verification does not constitute acceptance of the price contained in the order.
11. Shipping Costs/Taxes and Duties
You are responsible for the shipping costs as listed on the Checkout page. For delivery to any destination outside of India no taxes or duties will charged by us. As the recipient, you will be liable for all import duties, customs and local sales taxes levied by the country you are shipping to; payment of these amounts will be necessary to release your order from customs on arrival. Since duties and taxes vary by country and by what was ordered, we are not able to supply an estimated cost. Please check the latest applicable local requirements in your country before placing an order.
* For more details on return-refund, refer to our return and refund policy, as amended from time to time.
12. Errors and Omissions
Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law. We do not undertake to update, modify or clarify information on our website, except as required by law.
13. Links to Third-Party Websites
Links from or to websites outside our website are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.
14. THIRD PARTY INFORMATION
All information in relation to third parties as available on the Platforms (collectively referred to as “Third Party Information”) are provided solely for your reference. YOSTOR is not endorsing the Third Party Information and is not responsible for any errors and representation nor is it associated with it and you shall access the Third Party Information at your own risk. Further, it is up to you to take sufficient precautions to ensure that whatever links you select, whether from the Platforms, or other Services, is free of such items such as, but not limited to, viruses, worms, Trojan horses, defects and other items of a destructive nature.
15. INTELLECTUAL PROPERTY RIGHTS
All the intellectual property used on the Platforms by YOSTOR, including the YOSTOR Content, shall remain the property of YOSTOR, its parent YOSTOR, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister companies or of any third party hosting such intellectual property on the Platforms. Except as provided in the Agreement, the materials may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of YOSTOR, its parent YOSTOR, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister companies or any third party hosting such material on the Platforms, as the case may be. If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at firstname.lastname@example.org and let us know of your concerns.
- We may disclose personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.
- We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
17. YOUR ACCEPTANCE OF THESE TERMS
By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
YOSTOR uses third party payment providers to receive payments from the Buyers on Seller's behalf. YOSTOR is not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues. YOSTOR takes utmost care to work with 3rd party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers. Further, YOSTOR does not release the payment to Sellers until the order has been received by the Buyers and they are satisfied with it. YOSTOR shall only make payments to the Sellers subject to realisation of payment received from the Buyer to YOSTOR. The Seller payment is typically net of the service fee charged by YOSTOR for its services and after deduction of applicable withholding taxes (if any).
19. DISCLAIMER OF WARRANTIES AND LIABILITY
- This platform, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, YOSTOR does not warrant that: This platform will be constantly available, or available at all; or
- The information on this Website is complete, true, accurate or non-misleading.
- YOSTOR will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. YOSTOR does not warrant that this site; Content, information, product (including software) materials, or services included on or otherwise made available to You through the platform; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
- Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.
- You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
20. EXCLUSION OF WARRANTIES
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE OFFERING IS AT YOUR SOLE RISK AND THAT THE OFFERING ARE PROVIDED AS IS AND AS AVAILABLE.
- IN PARTICULAR, YOSTOR DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE OFFERING WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE OFFERING WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, INCLUDING SPECIFICALLY FROM SERVER DOWNTIME, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE OFFERING WILL BE ACCURATE OR RELIABLE, AND
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OFFERING IS DONE AT YOUR OWN DISCRETION AND RISK AND YOSTOR WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YOSTOR OR THROUGH OR FROM THE OFFERING SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
- YOSTOR FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
21. LIMITATION OF LIABILITY
- SUBJECT TO OVERALL PROVISION IN HEREABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOSTOR SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR OFFERING, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY CHANGES WHICH YOSTOR MAY MAKE TO THE OFFERING, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE OFFERING (OR ANY FEATURES WITHIN THE OFFERING);
(II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE OFFERING;
(III) YOUR FAILURE TO PROVIDE YOSTOR WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
- You will release, indemnify, defend and hold harmless Yostor, 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 (a) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (b) the Website content or your use of the Website content; (c) the Products or your use of the Products (including Trial Products); (d) any intellectual property or other proprietary right of any person or entity; (e) your violation of any provision of this Agreement; or (f) any information or data you supplied to Yostor.
- When Yostor is threatened with suit or sued by a third party, Yostor may seek written assurances from you concerning your promise to indemnify Yostor; your failure to provide such assurances may be considered by Yostor to be a material breach of this Agreement. Yostor 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 Yostor choice at its expense. Yostor 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 Yostor against any claim, but you must receive Yostor 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.
- You hereby agree to indemnify and hold harmless YOSTOR , its affiliates, officers, directors, employees, consultants, licensors, agents and representatives from any and all claims, losses, damages, and/or costs (including reasonable attorney fees and costs) arising from (i) your access to or use of the Services or Products, (ii) violation of the Agreement, (iii) infringement, or infringement by any other user of your account with YOSTOR, (iv) action or inaction on behalf of YOSTOR ’s third party affiliates, manufacturers, vendors, suppliers and logistic partners in providing services; and (v) infringement of any intellectual property or other right of any person or entity.
- YOSTOR shall notify you promptly of such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide YOSTOR with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost.
23. TERM AND TERMINATION
- The Agreement will remain in full force and effect while you use any Service in any form or capacity.
- YOSTOR reserves the right to terminate its Services provided to you in the event of breach of any terms contained in the Agreement, misrepresentation of information, any unlawful activity or if YOSTOR is unable to verify or authenticate any information you submit to it.
- The User may terminate the Agreement at any time, provided that the User discontinues any further use of the Platforms or Services.
- It is specifically clarified that any termination of the Agreement by a User shall not cancel the User’s obligation to pay for a Product purchased on the Platforms, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.
- Any provision of the Agreement which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of the Agreement shall survive the termination or expiration of the Agreement.
24. GOVERNING LAW AND PROCEDURE
The Agreement is governed by the provisions of Indian law, including, but not limited to:
- Indian Contract Act, 1872;
- the Information Technology Act, 2000;
- The rules, regulations, guidelines and clarifications framed thereunder, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPI Rules”) ;
- The Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Rules”) and;
- Any other Laws in force governing the terms and conditions of this document.
All or any disputes or disagreements arising out of or in relation to Your use of the services of Yostor shall be subjected to the exclusive jurisdiction of appropriate Court at City of Ludhiana, Punjab, India.
All notices and communications shall be in writing, in English and shall be deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent by email, with due acknowledgment or complete transmission to the following address:Postal Address: Yostor Private Limited
533/4, Sunet, Ludhiana, Punjab, 141012
Email Address: email@example.com
- Headings, subheadings, titles, subtitles to clauses, sub-clauses and paragraphs are for information only and shall not form part of the operative provisions of the Agreement and shall be ignored in construing the same.
- Words denoting the singular shall include the plural and words denoting any gender shall include all genders.
- The words “include” and “including” are to be construed without limitation.
- In case of conflict between the requirements under this generic user terms and conditions and the specific policies, the terms of specific policies, as amended, will prevail over the terms and conditions here.
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