1. Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
2. Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
3. Web browser cookies
4. How do we use collected information
Yeldi may collect and use personal information of our website users for the following purposes:
To process payments
We may use the information that Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
To send periodic emails
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. From time to time, we shall also utilize your contact information to send our mailers and product updates. Such mailers and newsletters shall only be sent to our visitors who have registered their information with us and shown an interest in receiving information from us. If at any time you decide that you do not wish to receive mailers from us, kindly write to us and we shall remove you from our mailing lists.
When required by law
When required by the law, this information might be shared with the relevant authorities for investigation and prevention of any illegal activities. In such cases, Yeldi shall cooperate to the fullest extent with all relevant authorities in their action against any illegal activities, frauds, threats to individual or group safety, or any other actions as and when required. In the event of our acquisition or merger with another company, all such data shall be destroyed or transferred to the new company as per the understanding arrived at in the process.
5. How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
6. Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
7. Third-party weblinks
Any links to third-party websites on yeldi.com website, if provided, have been done solely for information purposes. Yeldi does not endorse these websites and does not share your personal information with these websites. We encourage you to use your discretion while visiting these websites and check the privacy policies of individual
websites prior to entering into any transactions with these websites or their parent companies.
9. Your acceptance of these terms
By using this Site, you signify & confirm 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.
Terms and Conditions
Please read the following terms and conditions carefully before registering, accessing, browsing, downloading or using the Site / App (defined below). By accessing or using the App or the Site or by using the Service (defined below), you agree to be bound by these terms and conditions set forth herein, including any additional guidelines and future modifications. If at any time you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not access or use the site / App and immediately terminate your use of the Services.
The Terms and Conditions (as may be amended from time to time, the “Agreement”) is a legal contract between you being, an individual customer, user, or beneficiary of this service of at least 18 years of age, and Yeldi Softcom Private Limited, having its registered office at AJ-227, Shanthi Colony,
Anna Nagar, Chennai – 600040 detailing the terms and conditions for your access/use of our website (www.yeldi.com) (“Website”) and YeldiPay (Mobile application) (“App”)
For the purpose of these terms and conditions (“Terms and Conditions/T&C”), “We”, “Us” and “Our” means Yeldi Softcom Private Limited and “You”, “Your” or “User” means any person who accesses or uses the App and/or Website and/or Our Services. Our “Services”, provided through the App/Website, include:
(a) use of our prepaid wallet at the Yeldi Participating Retailers (Known as “Retailers”) or prepaid mobile/DTH recharge purchasing services to purchase prepaid mobile/DTH recharge (known as “Recharge”) or Services regarding Semi Closed Wallet of Yeldi or such other services which may be added from time to time
(b) access to and use of the Website
(c) access to and use of the App
(all such services are hereinafter individually referred as “Service” or collectively as “Services”).
The Service can be used by you subject to your adherence with the terms and conditions set forth below including relevant policies, as amended from time to time. Yeldi reserves the right, at its sole discretion, to revise, add, or delete portions of these terms and conditions any time without further notice. You shall re-visit the “Terms & Conditions” link from time to time to stay abreast of any changes that the App/Website may introduce.
(a) The Services are not available to persons under the age of 18 or to anyone previously suspended or removed from the services by Yeldi. By accepting these Terms & Conditions or by otherwise using the Services, you represent that you are at least 18 years of age and have not been previously suspended or removed from the Services. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.
(b) Use of the Services is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Services. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Services and shall not transact on or use the Services. As a minor if you wish to use or transact using the Services, such use or transaction may be made by your legal guardian or parents on the Website and/or the App. Yeldi reserves the right to terminate your membership and / or refuse to provide you with access to the Services if it is brought to Yeldi's notice or if it is discovered that you are under the age of 18 years.
2. ACCOUNT AND REGISTRATION OBLIGATIONS
(b) When you use the services or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
3. USE OF SERVICES
You agree, undertake and confirm that your use of the Services shall be strictly governed by the following binding principles:
(a) 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 Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
(b) You shall not attempt to gain unauthorized access to any portion 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.
(c) You shall not probe, scan or test 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.
(d) You agree not to use 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.
(e) You may not forge headers or otherwise manipulate 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.
(g) You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our Service.
(i) Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website and/or App, 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 and/or App.
(j) 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 do 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.
(k) The Services are handset dependent. Yeldi is not responsible in any manner whatsoever to provide Services to a User not using compatible handset.
(l) The Services made available through the Website and/or App are GPRS/EDGE/3G dependent provided by independent third party service providers (“Internet Service Provider”) and cannot be availed by you in the event of GPRS/EDGE/3G failure and/or download error.
(m) Yeldi is not responsible in any manner whatsoever for non-provisioning of the Services due to GPRS/EDGE/3G failure/connectivity failure/download error.
(n) The provision of Services is dependent on the services availed by the User from the Internet Service Provider.
(o) GPRS/EDGE provisioning on handsets are governed by terms of respective Internet Service Provider.
(p) Yeldi is not obligated to provide Services to the Customers in case the Internet Service Provider does not have the required product or the required denomination.
(q) Yeldi will not be held liable for unauthorized use of the Folks Wallet on account of loss/theft/misplacement of Mobile number and/or SIM, unless you have informed the customer care about such loss/theft/misplacement and have blocked the Folks Wallet.
The technology and the software underlying its web-sites/app and the Services is the property of Yeldi SOFTCOM Private Limited, its affiliates, and its partners or licensors or associates.
(s) You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying its web-sites/app or the Services.
(t) You agree not to modify the software underlying its web-sites/app in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to its web-sites/app.
(u) Without limiting the foregoing, you agree that you will NOT use the Services offered through the Website and/or the App to undertake any of the following activities
- Publish obscene, offensive, indecent, racial, hatred to religion, anti-national, objectionable, defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others.
- Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content.
- Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, its web-sites/app, any software or hardware, or telecommunications equipment.
- Advertise or offer to sell any goods or services for any commercial purpose unless you have its written consent to do so.
- Transmit web-sites/app, services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters.
- Download any file, recompile or disassemble or otherwise affect the Services.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material.
- Restrict or inhibit any other user from using and enjoying the Services
- Collect or store personal information about other end users.
- Interfere with or disrupt the Services including related servers, or networks.
- Impersonate any person or entity, including, but not limited to, a representative of Yeldi Softcom Private Limited or falsely state or otherwise misrepresent your affiliation with a person or entity
- Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through Website and/or the App or to manipulate your presence on the Website and/or the App
- Take any action that imposes an unreasonably or disproportionately large load on the Services and related infrastructure/ network
- Engage in any illegal activities.
- You agree to use the bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the \"Forums\") only to send and receive messages and material that are proper and related to that particular Forum.
- You acknowledge and accept that any unauthorized access the Website and/or the App by You is a breach of this Agreement and a violation of the law.
- You agree not to access the Website and/or the App by any means other than through the interface that is provided by Yeldi Softcom Private Limited for use in accessing i Website and/or the App.
4. Yeldi RETAILERS
We are Service Providers Only. Yeldi appoints Retailers to accept YeldiPay card as the mode of payment. Yeldi is not a warrantor, insurer, or guarantor of the services to be provided by the Retailers. Any disputes regarding the quality, cost, or other terms of the Products purchased must be handled directly between You and the Retailer.
5. Yeldi RECHARGES
We are a Reseller Only. Yeldi does not provide mobile service and is only a reseller of prepaid mobile services of telecommunications service providers or the providers of such prepaid recharge (the ‘Telco’ or ‘Telcos’) or other distributors or aggregators of such Telco’s. Yeldi is not a warrantor, insurer, or guarantor of the services to be provided by the Telco’s. Recharge sold by us to you is sold without recourse against us for any breach of contract by the Telco. Any disputes regarding the quality, minutes provided, cost, expiration, or other terms of the Recharge purchased must be handled directly between You (or the recipient of the Recharge) and the Telco.
6. POINTS REDEMPTION
Points redemption is purely subject to standard and specified terms and conditions mentioned by the respective retailer. Coupons are issued on behalf of the respective retailer. Hence, any damages, injuries, losses incurred by the end user by using the coupon is not the responsibility of Yeldi.
7. RECASH OFFER
(a) Users may receive recash on the value of Transaction amount ("Recash Amount") for all payments made through YeldiPay Card in their respective YeldiPay Wallet account ("Folks Wallet").
(b) The Recash Amount may be availed only when payments are made by the Users through YeldiPay Card option and the User is a registered Folks Wallet holder.
(c) The Recash Amount will be credited in the Folks Wallet account of the User, on the 27th day of each calendar month, for the transactions undertaken by the Users. If 27th being a holiday, the same will be credited the next Business day.
(d) Subject to terms and conditions of the Retailer, Recash Amount may be capped at certain maximum value.
(e) The Recash Amount may be used by the Users on all locations wherein Folks card is available as a payment option.
(f) In the event of a full or partial refund, the proportionate Recash Amount shall be deducted from the Users Folks Wallet account. In case the Users Folks Wallet has zero balance then the account shall be in negative and will be adjusted as soon as the recash or refund is deposited in the Users FolksWallet.
(g) Unless stated otherwise, the Recash Offer can be availed only once by the User under a particular offer on the Merchant location.
(h) This Recash Offer cannot be clubbed with any other offer/promotion being run by Yeldi.
(i) Yeldi may at its sole discretion choose to provide Recash Offer on such terms and conditions as may be decided by Yeldi.
(j) Yeldi does not warrant or guarantee availability, merchantability, quality, fitness etc., of any product or service offered by a Retailer.
(k) Yeldi shall not be liable for any hacking or unauthorized use of the Customers' Folks Wallet account and it shall be the sole responsibility of the Customers to ensure privacy and confidentiality of Customers' Folks Wallet account details.
(l) Yeldi reserves the right to, at any stage and at its discretion, modify/change or alter this Recash Offer. Yeldi also reserves the right to modify/change all or any of the terms applicable to this Recash Offer and to discontinue this Recash Offer without assigning any reasons or without any prior intimation, whatsoever.
(m) Yeldi reserves the right to restrict and disqualify any Customers from the benefits of the Recash Offer, in case of any fraudulent activity/suspicious Transaction(s) or misuse of the Recash Offer in any way.
(n) Total recash for a user cannot be more than the eligible balance in the wallet.
8. MARKETING COMMUNICATION AND EARNOUT
(a) We may display marketing communication on the App/Website from time to time, where you can review and choose to consume or otherwise engage with such marketing communication. In exchange for your time and attention to these marketing communication, you will earn and we will pay you the INR value attributed to each such marketing communications as determined by us (“Earnout”). The Earnout will be credited in the Folks Wallet account of the User, on the 27th day of each calendar month, for the transactions undertaken by the Users.
(b) We may modify or terminate such campaigns at any time. We will make all determinations regarding the selection and display of marketing communications in our sole discretion.
9. COMMUNICATION POLICY
(a) You understand and agree that your Folks Wallet is linked to your registered mobile number.
(b) By accepting the terms and conditions, you accept that Yeldi may send the alerts to the mobile phone number provided by you while registering for the Service or to any such number replaced and informed by you. You acknowledge and confirm that the alerts will be received only if the mobile phone is in ‘On’ mode to receive the SMS. If the mobile phone is in ‘Off’ mode then you may not get / get after delay any alerts sent during such period and Yeldi shall not be liable in this regard whatsoever.
(c) Yeldi will make best efforts to provide the service and it shall be deemed that the you shall have received the information sent from Yeldi as an alert on the mobile phone number provided during the course of ticket booking and Yeldi shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You confirm and undertake that You shall not hold Yeldi liable for non-availability of the Service in any manner whatsoever.
(d) You acknowledge that the SMS service provided by Yeldi is an additional facility provided for the your convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event you observe any error in the information provided in the alert, You undertake to immediately inform Yeldi and Yeldi will make best possible efforts to rectify the error as early as possible. You shall not hold Yeldi liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by the customer on account of the SMS facility.
(e) You acknowledge that the clarity, readability, accuracy, and promptness of providing this service depend on many factors including the infrastructure, connectivity of the service provider. Yeldi shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
(f) You agree to indemnify and hold harmless Yeldi and the SMS service provider including its officials from any damages, claims, demands, proceedings, loss, cost, charges and expenses whatsoever including legal charges and attorney fees which Yeldi and the SMS service provider may at any time incur, sustain, suffer or be put to as a consequence of or arising out of (i) misuse, improper or fraudulent information provided by you, (ii) you providing incorrect number or providing a number that belongs to that of an unrelated third party, and/or (iii) you receiving any message relating to the reservation number, travel itinerary information, booking confirmation, modification to a ticket, cancellation of ticket, change in bus schedule, delay, and/or rescheduling from Yeldi and/or the SMS service provider.
(g) You also agree to receive information regarding what Yeldi perceives to be of their interest based on usage history via SMS, email & phone call. This includes offers, discounts and general information. In case you do not want such information, you shall explicitly ask in writing, to be excluded.
(h) By accepting the terms and conditions you acknowledge and agree that Yeldi may call the mobile phone number provided by you while registering for the Service or to any such number replaced and informed by you, for the purpose of collecting feedback from you regarding the Services.
(i) Grievances and claims related to the Services should be reported to Yeldi Support Team within 10 days of your transaction date.
10. USE OF SERVICES
You understand that except for information, products or services clearly indicated as being supplied by Yeldi, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that Yeldi cannot and does not guarantee or warrant that files available for downloading through the Website and/or the App will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements and for accuracy of data input and output.
11. CARD VALIDITY & CARD HOLDER OBLIGATION
(a) The issue and use of the card shall be subject to the rules and regulations in force from time to time as issued by the Reserve Bank of India.
(c) The Card is and will be at all times the property of Yeldi and shall be returned to Yeldi unconditionally and immediately upon request. The Cardholder is requested to ensure that the identity of the Yeldi Of?cer is established before handing over the Card.
(d) The Card is not refundable or transferable or assignable by the Cardholder under any circumstances.
(e) Cardholder must not permit any other person to use it and should safeguard the Card from misuse by retaining the Card under Customer’s personal control all times.
(f) The Personal Identi?cation Number (PIN) issued to the Cardholder for use with the card or any numbers chosen by the Cardholder as a PIN, will be known only to the Cardholder and are for the personal use of the Cardholder and are non-transferable and strictly con?dential. A written record of the PIN number should not be kept in any form, place or manner that may facilitate its use by a third party. The PIN should not be disclosed to any third party, either to any staff of the Yeldi or at merchant establishments, under any circumstances or by means whether voluntarily or otherwise. Yeldi shall not be responsible, whatsoever, for the actions of a third person/party, in case the pin is divulged to others by the cardholder.
(g) The card will be debited immediately by the amount of any transaction effected by the use of the Card. The cardholder will have to maintain suf?cient funds in the Card to meet any such transactions.
(h) The cardholder shall not be entitled to overdraw the balance on the Card.
(i) The cardholder will be responsible for transactions effected by the use of the card, whether authorized by the cardholder or not, and shall indemnify Yeldi against any loss or damage caused by any unauthorized use of the card or related PIN, including any penal action arising there from on account of any violation of RBI guidelines or any other law being in force in India at time of notwithstanding the termination of this agreement.
(j) The cardholder will inform Yeldi in writing within 15 days from the transaction date of any irregularities or discrepancies that exist in the transactions detail at a merchant establishment. If no such notice is received during this time, Yeldi will assume the correctness of both the transactions and the statement of account.
(k) If the particulars provided by the customer in the KYC documents do not match with the details mentioned in the Enrolment Form, then Yeldi has the right to forfeit the balance amount in the account.
(l) Use the Services for any purposes other than to purchase from participating merchants or purchase Recharge of Telcos and/or to access the Services in accordance with these Terms and Conditions and as such services are offered by Yeldi.
(m) Impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the Services, perform any other similar fraudulent activity or otherwise purchase Recharge with what we reasonably believe to be potentially fraudulent funds.
(n) Infringe our or any third party’s intellectual property rights, rights of publicity or privacy.
(o) Use the Services if You are under the age of eighteen (18) without a parental sponsor or in any event use the Services if You are under the age of thirteen (13) years old even with a parental sponsor and in accordance with applicable law
(p) Post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person
(q) Post or transmit any message, data, image or program which is pornographic in nature
(r) Refuse to cooperate in an investigation or provide confirmation of Your identity or any other information You provide to Yeldi
(s) Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services and the Site or features that enforce limitations on the use of the Services
(t) Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation
(u) Use the Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services in an automated manner
(v) Modify, adapt, translate or create derivative works based upon the Services and the Site or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation
(w) Intentionally interfere with or damage operation of the Services or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features
(x) Use any robot, spider, other automatic device, or manual process to monitor or copy the Site without prior written permission
(y) Interfere or disrupt this Site or networks connected to this Site
(z) Take any action that imposes an unreasonably or disproportionately large load on our infrastructure/ network
(aa) Use any device, software or routine to bypass the Site’s robot exclusion headers, or interfere or attempt to interfere, with the Services
(bb) Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Site or to manipulate your presence on our Site
(cc) Sell the Services, information, or software associated with or derived from it
(dd) Use the facilities and capabilities of the Site to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others
(ee) Breach this Agreement or any other Yeldi agreement or policy
(ff) Provide false, inaccurate or misleading information
(gg) Use the Site to collect or obtain personal information, including without limitation, financial information, about other users of the Site
(hh) Purchase Recharge with what Yeldi reasonably believes to be potentially fraudulent funds
(ii) Use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to Yeldi, a third party or You
(jj) Use the Services in a manner that Yeldi or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules
(kk) Take any action that may cause Yeldi to lose any of the Services from its service providers, Telcos, payment processors or other suppliers
(ll) Send automated request of any kind to the Site’s system without express permission in advance from Yeldi.
12. LOST OR STOLEN CARD
(a) The loss or theft of the Card should be reported to Yeldi immediately. Although loss or theft may be reported through Call Centre number, Customer must con?rm the same in writing to Yeldi as soon as possible.
(b) If the card gets lost or stolen customer shall be liable for all amounts debited from the Card before receipt of the written con?rmation to Yeldi. However, if prior to the receipt of the written con?rmation, if it can be proven that the Card was safeguarded, the loss/theft promptly reported and that customer acted in good faith and with reasonable care and diligence, then lost card liability for purchase transaction will be zero.
(c) Customer shall indemnify Yeldi fully against any liability (civil or criminal), loss, cost, expenses or damages that may arise due to loss or misuse of the Card in the event that it is lost and not reported to Yeldi, or lost and misused before Yeldi is informed.
(d) A replacement card may be issued at a Yeldi Participating-Merchant outlet at the applicable fees. Customer shall comply with the terms and conditions of the program. Even if customer subsequently recover the Card, it cannot be used and should be immediately handed over to Yeldi.
13. REFUND POLICY
(a) In case Customer have erroneously made payment twice, the refund shall be done at merchant level itself, will the provision given in Mpos. The customer can also intimate Yeldi at email@example.com from the registered e-mail address, giving the user details, transaction and payment details. Yeldi shall refund the excess amount paid as per applicable terms and conditions, within a maximum of 30 Business Days, to the customer. Refunds shall be processed to the credit card / debit card / bank account from which the transaction was made. Cancellation charges are applicable.
(b) Customer shall not be entitled to receive any refunds of / discounts / rebates on our charges on grounds of dissatisfaction with Yeldi or its merchant’s services.
(c) All sales of Recharge are final with no refund or exchange permitted. You are responsible for the mobile number or DTH account number you purchase Recharge for and all charges that result from those purchases. Yeldi is not responsible for any purchase of Recharge for an incorrect mobile number or DTH account number. However, if in a transaction performed by you on the Site, money has been charged to your card or bank account and a Recharge is not delivered within 24 hours of your completion of the transaction then you may inform us by sending an email to our customer services email address mentioned on the Contact Us page. Please include in the email the following details – the mobile number (or DTH account number), operator name, Recharge value, Transaction date and Order Number. Yeldi shall investigate the incident and if it is found that money was indeed charged to your card or bank account without delivery of the Recharge then you will be refunded the money within 21 working days from the date of receipt of your email. All Refunds will be credited to your Semi Closed Wallet. You can trigger a request in your Yeldi Wallet to transfer the money from your Yeldi Wallet back to source. It will take 3-21 days for the money to show in your bank account depending on your bank’s policy.
14. TERMINATION; AGREEMENT VIOLATIONS
You agree that Yeldi, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the Services and remove and discard all or any part of your account, your user profile, or your recipient profile, at any time. Yeldi may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Yeldi will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Yeldi may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Services.
15. LIMITATION OF LIABILITY AND DAMAGES
In no event will Yeldi or its contractors, agents, licensors, partners, suppliers be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to (i) this agreement, (ii) the services, the site or any reference site, or (iii) your use or inability to use the services, the site (including any and all materials) or any reference sites, even if Yeldi or a Yeldi authorized representative has been advised of the possibility of such damages. In no event will Yeldi or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers’ total liability to you for all damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) the Services, (iii) your use or inability to use the Services or the Site (including any and all Materials) or any Reference Sites, or (iv) any other interactions with Yeldi, however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by you, if any, for using the portion of the Services or the Site giving rise to the cause of action or One Thousand Rupees (Rs.1000), whichever is less. You acknowledge and agree that Yeldi has offered its products and services, set its prices, and entered into this agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Yeldi, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Yeldi. Yeldi would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, Yeldi liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive termination of this Agreement.
You agree to indemnify, save, and hold Yeldi, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the Services, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. Yeldi reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Yeldi, including rights to settle, and you agree to cooperate with Yeldi defense and settlement of these claims. Yeldi will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
17. DISCLAIMER; NO WARRANTIES
To the fullest extent permissible pursuant to applicable law, Yeldi and its third-party partners, licensors, and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of Merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Yeldi or through the Services will create any warranty not expressly stated herein. You expressly acknowledge that as used in this section, the term “Yeldi” includes Yeldi officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliated companies. You acknowledge that Yeldi is a reseller of Mobile recharges and is not liable for any 3rd party (telcos & suppliers) obligations due to rates, quality, and all other instances, whether to any such telco’s subscribers or otherwise. You expressly agree that use of the Services is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the internet generally. We do not warrant that the Service will be uninterrupted or error-free or that defects in the Services will be corrected. The Services and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the Services are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. Yeldi, and its third party suppliers, licensors, and partners do not warrant that the data, Yeldi software, functions, or any other information offered on or through the Services, will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. Yeldi and its third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the Services, or any reference sites in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the Services, or any reference sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and device) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive termination of this agreement. In no event will Yeldi be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Services.
18. OWNERSHIP; PROPRIETARY RIGHTS
The Services are owned and operated by Yeldi and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Services provided by Yeldi (the “Materials”) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between you and Yeldi, all Materials, trademarks, service marks, and trade names contained in the Services are the property of Yeldi and/or third party licensors or suppliers. You agree not to remove, obscure, or alter Yeldi or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services. Except as expressly authorized by Yeldi, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Yeldi reserves all rights not expressly granted in this Agreement. If you have comments regarding the Services or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to Yeldi, and shall assign to Yeldi, all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
19. MODIFICATION OF THIS AGREEMENT
Yeldi reserves the right to change, modify, add, or remove portions of this Agreement (each, a “change”) at any time by posting notification to the Website and/or App or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to payment transactions initiated after the posting date. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services. For certain changes, Yeldi may be required under applicable law to give you advance notice, and Yeldi will comply with such requirements.
Yeldi may provide you with notices and communications by email, regular mail or postings on the Website and/or the App or by any other reasonable means. Except as otherwise set forth herein, notice to Yeldi must be sent by courier or registered mail to Yeldi Softcom Private Limited, P.O Box: 6861, Anna Nagar PO, Chennai - 600040
The failure of Yeldi to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Yeldi.
Any dispute, controversy or claim arising out of or relating to this Agreement or Service provided in connection with this Agreement shall be resolved by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. Any such dispute, controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Chennai, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either You or We may seek any interim or preliminary relief from a court of competent jurisdiction in Chennai, India, necessary to protect the rights or the property of you or Chennai (or its agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor We may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The language of Arbitration shall be English.
23. GOVERNING LAW AND FORUM FOR DISPUTES
Except as otherwise agreed by the parties or as described in the Arbitration section above, you agree that any claim or dispute you may have against Yeldi must be resolved by a court located in Chennai, India. You agree to submit to the personal jurisdiction of the courts located within Chennai, India for the purpose of litigating all such claims or disputes. You hereby expressly agree and confirm that You shall atleast 30 (Thirty) days, prior to initiating any dispute in the prescribed court intimate Yeldi of such dispute along with reasons for such institution. This Agreement shall be governed by the laws of India, without giving effect to any principles of conflicts of law.
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
This Agreement, and any rights granted hereunder, may not be transferred or assigned by You without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect. Yeldi shall have the right to freely assign this Agreement, in whole or in part to any person.
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof.
28. ENTIRE AGREEMENT
This is the entire agreement between you and Yeldi relating to the subject matter hereof and will not be modified except as otherwise set out herein.
29. CUSTOMER GRIEVANCE POLICY
For Customer Care contact details and Grievances Policy get on to www.yeldi.com/Help.aspx