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Terms and Conditions

TERMS OF USE

Welcome to YoueDd (U'D) (hereinafter referred to as the “Mobile Application’ or “App” or “we” or “our” or “us”). The App is offered to the users conditioned on their acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Their use of our App constitutes their agreement to all such Terms.

Our App provides an online platform/venue to its users to avail services such as connect with other like-minded users on our App (collectively, the “Services”). 

By using the App, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"). These Terms govern your access to and use of the App and Services and all Collective Content and constitute a binding legal agreement between the user and us.

Please read carefully these Terms and our Privacy Policy, which may be found at https://www.youedd.com/privacy-policy, and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the App. Failure to use the App in accordance with these Terms may subject you to civil and criminal penalties.

The use of this App constitutes your consent to, and agreement to, abide by the most current version of these terms and conditions (the "Terms"). We may at any time revise these terms and conditions by updating the Terms. You agree to be bound by subsequent revisions and agree to review the Terms periodically for changes to the terms and conditions. The most up to date version of the Terms will always be available for your review under the "Terms of Use" link that appears on our App.

This App reserves the right to recover the cost of services, collection charges and lawyers’ fees from persons using the app fraudulently. This app reserves the right to initiate legal proceedings against such persons for fraudulent use of the app and any other unlawful acts or acts or omissions in breach of these terms and conditions.

PLEASE READ THESE TERMS OF USE AND CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING THE USER LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

IN USING THIS APP, THE USERS ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. THE USERS AGREE TO USE THE APP ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT THE USERS OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US. BY ACCESSING THIS APP, AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES THE USER UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.

 

DEFINITIONS AND INTERPRETATION:

 

  1. "Agreement" means the terms and conditions as detailed herein including all Exhibits, privacy policy, other policies mentioned on the app and will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time.

  2. YoueDd (U'D) is an online platform where users can connect with other like-minded users via our app having similar interests; hobbies and/or taste in music, etc. 

  3. "User", “You” or “Your” means an individual who is above the age of Eighteen (18) years who download our app and registers/creates an account in order to avail services through the app.

  4. “Account” means the accounts created by the users on our app in order to use the Services provided by us and require information such as name; email address; password; contact number, etc.

  5. “Content” means text, graphics, images, music, software, audio, video, information or other materials.

  6. “User content” means all Content that a user posts, uploads, publishes, submits or transmits to be made available through our app.

  7. “Our App Content” means all the Content that our App makes available through the Services, including any Content licensed from a third party.

  8. “Collective Content” means User Content and our App Content.

  9. The official language of these terms shall be English.

  10. The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.

 

ELIGIBILITY OF MEMBERSHIP

 

  1.  Use of the App is available only to and may only be used by the individuals who are of the age of Eighteen (18) years or older and can form legally binding contracts under applicable law. If the age of user is below that of Eighteen (18) years, he/she cannot use the services and should not register on our app or avail any of its services thereof. You represent and warrant that you are at least Eighteen (18) years old and that all registration information you submit is accurate and truthful.

  2.  Our app reserves the right to terminate your membership and refuse to provide you with access to the app if we discover that the you are under the age of Eighteen (18) years. The app is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever.

REGISTRATION:

  1.  In order to avail our services, you shall be required to register and create an account with us.

  2.  To register with us directly you shall click on the relevant link and create an account with us (an "Account") by providing certain personal information such as name, email address, and password etc.

  3.  You represent and warrant that all required registration information you submit is truthful and accurate, and that you will maintain the accuracy of such information. You shall be responsible for maintaining the confidentiality of your Account login information and shall be thus fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you will be solely responsible for any activities or actions that occur under your app account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper- and lower-case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.

  4.  You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.

  5.  When creating an Account, don’t:

    1. Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than you without such other person’s permission;

    2. Use a username that is the name of another person with the intent to impersonate that person;

    3. Use a username that is subject to rights of another person without appropriate authorization; or

    4. Use a username that is offensive, vulgar or obscene or otherwise in bad taste.

  6.  We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have a reason to believe that your Account is no longer secure, then you must immediately notify us at support@youedd.com.

  7.  You may not transfer or sell your account and ID to another party.

  8.  Our Services are not available to temporarily or indefinitely suspended members. Our app reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our app reserves the right to refuse service to anyone, for any reason, at any time. One individual can own only one account in his/her name.

  9.  You agree to comply with all local laws regarding online conduct and acceptable content. You shall be responsible for all applicable taxes. In addition, you must abide by our app’s policies as stated in the Agreement and the app policy documents published on the App as well as all other operating rules, policies and procedures that may be published from time to time on the App by us.

SERVICES:

  1.  Our app is a subscription-based platform that provides its registered users a venue and an opportunity to connect with the other users in other locations and nearby on our App on the basis of similar interests, hobbies and taste in music etc (“Services”).

  2.  In order to avail our services, you need to register with us and provide certain information like your interests, hobbies, music etc which will in turn help us to match you with other like-minded users. You can browse through the music player in the app to play your choice of song(s) and connect with other users who have similar taste in music.

  3. PLANS:

1. FREE -One Match/Week, 2 a month

2. PREMIUM PLAN - Unlimited Matches

 

CONTESTS, SWEEPSTAKES AND PROMOTIONS:

 

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that will be separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply. Except where additional terms and conditions are provided which are specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of our app, you agree to be bound by the Terms and Conditions.

 

PAYMENTS:

 

  1.  The users may make subscription payments to us via their valid debit or credit cards, net banking or Razorpay at the time of registering via our app to avail any services.

  2.  In case the user wishes to withdraw the premium plan registration due to any reason whatsoever we will provide them with cancellation policy and refund the full amount or the amount as ascertained by the app. Any such refunds or cancellation of premium can be asked within Forty-Eight (48) hours of buying premium plan.

  3.  Unless otherwise stated, all prices/fees are quoted in Indian Rupee.

  4.  Our app uses third party payment providers to receive payments from the user. We are not responsible for delays or erroneous transaction execution or cancellation of premium registration due to payment issues.

  5.  We take utmost care to work with 3rd party payment providers, but we do not control their systems, processes, technology and workflows, hence cannot be held responsible for any fault at the end of payment providers. In case the 3rd party saves any of the payment details of the user, we shall not be responsible for it or any other mis-happening and thus it is recommended to the user to further visit the 3rd party site, read their privacy policy and only then fill-up any such sensitive details here.

  6.  Our app reserves the right to refuse to process transactions by the user with a prior history of any default with us or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.

  7.  Our app reserves the right to recover the cost of goods, collection charges and lawyers' fees from persons using the App fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the App and any other unlawful act or acts or omissions in breach of these terms and conditions.

  8.  We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

 

YOU AGREE AND CONFIRM:

 

  1.  That the you will use the services provided by our app, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the App and transacting on the App.

  2.  That you will provide authentic and true information in all instances where such information is requested. We reserve the right to confirm and validate the information and other details provided by the user at any point of time. If upon confirmation their details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar the user from using the Services of our app and/or other affiliates without prior intimation whatsoever.

  3.  That you are accessing the services available on this app and transacting at your sole risk and you are using your best and prudent judgment before entering into any transaction through this App.

  4.  It is possible those other users (including unauthorized/unregistered users or "hackers") may post or transmit offensive or obscene materials on the App 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 their use of the app, and that the recipient may use such information to harass or injure you. Although we use best in class security measures like cyber security servers and also encrypt of sensitive data to hide our data even after hacker attack but we do not approve of such unauthorized uses, but by using the app you acknowledge and agree that we are not responsible for the use of any personal information that the you publicly disclose or share with others on the app. Please carefully select the type of information that you publicly disclose or share with others on the App.

 

YOU MAY NOT USE THE APP FOR ANY OF THE FOLLOWING PURPOSES:

 

  1.  Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.

  2.  Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.

  3.  Interfering with any other person's use or enjoyment of the App.

  4.  Breaching any applicable laws or in any way that violates any applicable national or international law or regulation.

  5.  Interfering or disrupting networks or web sites connected to the App.

  6.  For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

  7.  To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

  8.  To impersonate or attempt to impersonate us, our employee, another user, or any other person or entity.

  9.  In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

  10. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend us or users of Service or expose them to liability.

  11. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

  12. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.

  13. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.

  14. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.

  15. Use any device, software, or routine that interferes with the proper working of Service.

  16. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

  17. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

  18. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

  19. Take any action that may damage or falsify our rating.

  20. ​Otherwise attempt to interfere with the proper working of Service.

  21. Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our app, services, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep you from using our app, services, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue our app services

 

 MODIFICATION OF TERMS & CONDITIONS OF SERVICES:

 

  1. We may at any time modify the Terms & Conditions of Use of the app without any prior notification to you. You can access the latest version of the User Agreement at any given time on our app. You should regularly review the Terms & Conditions on our app. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this app.

 

 REVIEWS, FEEDBACK, SUBMISSIONS:

 

  1. All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by this app or otherwise disclosed, submitted or offered in connection with your use of this App (collectively, the "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.

  2. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agrees that any Comments submitted by you to the app will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), (4) will not cause injury to any person or entity; and (5) use any vulgar or abusive language in the comments or while giving any feedback; and if at any point you do so it shall result in a legal action further deleting any such comment or feedback. You further agree that no Comments submitted by you to the App will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

  3. Our App does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the App. You grant us the right to use the name that is submitted by you in connection with any Comments. You further agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments they submit. You are and shall remain solely responsible for the content of any Comments you make and agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

 

 COPYRIGHT & TRADEMARK:

 

  1. Our app, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, processes, technology, content and other materials, which appear on this App. Access to this App does not confer and shall not be considered as conferring upon anyone any license under any of YoueDd (U'D) or any third party's intellectual property rights. All rights, including copyright, in this app are owned by or licensed to us or third-party suppliers. Any use of this app or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our app. You cannot modify, distribute or re-post anything on this app for any purpose.

  2. YoueDd (U'D) names and logos and all related service and our slogans are the trademarks or service marks of YoueDd (U'D). All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this App. Access to this App does not authorize anyone to use any name, logo or mark in any manner.

  3. All materials, including images, text, illustrations, designs, icons, photographs, programs, music or downloads, video clips and written and other materials that are part of this App (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the App for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the App or any related software. All software used on this App is the property of our app or its suppliers and protected by Indian laws. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this App is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by our app, one of its affiliates or by third parties who have licensed their materials to us and are protected by Indian laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this App is the exclusive property of our app and is also protected by laws of India.

  4. If you learn of any unlawful material or activity on our app, or any material or activity that breaches this notice, you shall inform us. You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the information mentioned herein under writing. We respect the intellectual property rights of others and expect you to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to us. If you have a reason to believe that the your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information at this email support@youedd.com.

    1.  a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;  

    2.  identification of the copyrighted work claimed to have been infringed;

    3.  identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

    4.  Their contact information, including their address, telephone number and an email address;

    5.  a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

    6.  a statement that the information in the notification is accurate, and that you are authorized to act on behalf of the copyright owner.

  5. We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate your account if we determine that you are a repeat infringer.

  6. Notices regarding our app should be sent to: support@youedd.com

 

 INDEMNITY:

 

You agree to defend, indemnify and hold harmless our app, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the actions or inactions of you, which may result in any loss or liability to our app or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of their violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

 

 ACKNOWLEDGEMENTS/REPRESENTATIONS AND WARRANTIES BY USERS:

 

  1. Our app reserves the right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claim or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, we may at our sole discretion suspend, block, restrict, cancel the user id of such user and/or disqualify that user from using our app. Any person who knowingly and with an intention to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information shall be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

  2. The App is only a venue through which Users can reach a larger base to connect with other like-minded people

  3. The user acknowledges and undertakes that the user is accessing the services on the App and transacting at his/her own risk and are using their best and prudent judgment before using the App. We shall neither be liable nor be responsible for any actions or inactions after you sign up in any regard.

  4. Our app strongly advises the user not to test the app with false details, as it will put the user at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator. In case an unauthorized card is being used the user shall be responsible to pay the amount if the authorities claim the same from the app in order to prevent us from any risks, legal action or refund thereof. It shall thus be the responsibility of the user to bear any or all such risks, legal actions or refunds.

 

TERMINATION:

 

  1. We may, at any time and without notice, suspend, cancel, or terminate your right to use the app (or any portion of the app). In the event of suspension, cancellation, or termination, you shall be no longer authorized to access the part of the app affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the app and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.

  2. Without limiting the foregoing, we may close, suspend or limit your access to our app:

    1.  if we determine that they have breached, or are acting in breach of, this Agreement;

    2.  if we determine that they have breached legal liabilities (actual or potential), including infringing someone else's Intellectual Property Rights;

    3.  if we determine that they have engaged, or are engaging, in fraudulent, or illegal activities;

    4.  to manage any risk of loss to us, you, or any other person; or

    5.  For other similar reasons.

    6.  If we find that you are in breach of these terms of service, you may also become liable for an amount of which we have suffered losses/damages.

 

DISCLAIMERS AND LIMITATION OF LIABILITY:

 

  1. The App is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the App.

  2. Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

  3. The App provides content from other Internet sites or resources and while our app tries to ensure that material included on the App is correct, reputable and of high quality, we shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from you of such information or for any technical problems you may experience with the App. This disclaimer constitutes an essential part of this User Agreement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

    1.  Your use of or inability to use our App, Services and tools;

    2.  Delays or disruptions in our App, Services, or tools;

    3.  Viruses or other malicious software obtained by accessing our App, Services, or tools or any site, Services, or tool linked to our App, Services, or tools;

    4.  Glitches, bugs, errors, or inaccuracies of any kind in our App, Services, and tools or in the information and graphics obtained from them;

    5.  The content, actions, or inactions of third parties, including items listed using our App, services, or tools or the destruction of allegedly fake items;

    6.  A suspension or other action taken with respect to their account; and

    7.  To the fullest extent permitted under applicable law, our app or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the App, its services or this User Agreement.. Our app, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the app or that the operation of the app will be error free and/or uninterrupted. Consequently, our app assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the App; and/or any interruption or errors in the operation of the App.

  4. Our App periodically schedules system downtime for the maintenance and other purposes. Unplanned system outages also may occur. You agree that we have no responsibility and are not liable for: (a) the unavailability of any of the Sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.

  5. Our app’s team based upon your subsciption to our newsletter shall send them information about services, offers, any other general information, notices, letters and other communication via email or at times by posting such information on the app. You can ask us to refrain from sending such offers or promotional offers by sending us an email at support@youedd.com or by unsubscribing our newsletter.

 

 GOVERNING LAWS AND JURISDICTION:

 

  1. This User Agreement shall be construed in accord with the applicable laws of India regardless of your physical location.

  2. The Courts at Gurgaon, Haryana, India have exclusive jurisdiction in any proceedings arising out of this agreement.

 

 DISPUTE RESOLUTION:

 

A. Generally, transactions are conducted smoothly on our app. However, there may be some cases where we and you may face issues. A 'Dispute' can be defined as a disagreement between you and us in connection with a transaction on the App.

B In the interest of resolving disputes between you and us in the most expedient and cost-effective manner, they and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. It shall be the sole decision of YoueDd (U'D) whether to opt for Indian judiciary system or arbitration for the purpose of solving disputes that arise. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

  1. The venue for arbitration shall be Gurgaon, Haryana, India and the language used for arbitration shall be English.

  2. The award of the arbitration shall be binding on both, the user and us.

  3. The suits which are impliedly or specifically barred by this agreement shall be opposed by us by pleading this agreement.

 

APP SECURITY:

You are prohibited from violating or attempting to violate the security of the App, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus, overloading, "flooding," "spamming," "mail-bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting the user who is involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this App or any activity being conducted on this App. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this App other than the search engine and search agents available from us on this App and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

PRIVACY:

All Personal Information and User Generated Content provided to or displayed on the App and Services are subject to our Privacy Statement.

 NOTICE

1 By using the App and Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the App and Services.

2 You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.

3 Notice will be deemed received and properly served immediately when posted on the App and Services, __72_ hours after an email is sent, or __15_ days after the date of posting any letter. As proof of service, it is sufficient that

For letters, the letter was properly addressed, stamped and placed in the post; and

For emails, the email was sent to the specified email address.

LEGAL COMPLIANCE

  1. ​You alone, and not we, are responsible for ensuring that the services and any other activities conducted on the app are lawful. You must ensure that they comply with all applicable laws in India and all other countries.
  2. You should comply with country, state and federal regulations.

  3. In addition to this Agreement, you must familiarize them with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances and regulations regarding your use of our services. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful. 

LINKS TO OTHER WEBSITES:

Links to third party Websites/apps on this app are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked Websites. We have not reviewed these third-party Websites/apps and do not control and are not responsible for any of these Websites/apps or their content. We do not endorse or make any representations about them, or any information, or other materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party Websites linked to this app, you do this entirely at your own risks.

NO WAIVER IMPLIED:

The failure of us to enforce at any time any of the provisions of these Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

 

SEVERABILITY:

Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.

ASSIGNMENT:

  1. You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
    1. We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and insure to the benefit of each party’s permitted successors and assigns.

FORCE MAJEURE:

We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:

  • acts of god;

  • natural disasters;

  • sabotage;

  • accident;

  • riot;

  • shortage of supplies, equipment, and materials;

  • strikes and lockouts;

  • civil unrest;

  • Computer hacking; or

  • malicious damage.

DIGITAL SIGNATURE:

  1. ​By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw the consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw the consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
    1. In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in the email address by updating your Account information on the app or by contacting Customer Support.

  1. In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the app, you give us permission to provide these records to you electronically instead of in paper form.

  2. By using our services, you are deemed to have executed this Agreement electronically, effective on the date you register the Account and start using our services. The Account registration constitutes an acknowledgement that you are able to electronically receive, downloads, and prints this Agreement.

ENTIRE AGREEMENT:

These Terms collectively represent the entire agreement and understanding between the user and us and supersede any other agreement or understanding (written, oral or implied) that the user and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.

CONTACT US:

For any further clarification of out Terms and Conditions, please write to us at support@youedd.com

©2020 by The YoueDd (U'D).