Following are the "Terms" of use for "Services" provided by Youvah Studio Private Limited, a company incorporated under the provisions of the Companies Act, 2013 having registered offices at 201, Tilakpath Talab Chowk, Near Durga Bhawan, Khargone (M.P.) - 451001 (hereinafter referred as the “Company”) and “Website” i.e. https://www.youvah.com/ owned by the Company. The Terms set forth hereinafter shall be read as conditions for availment of services and use of the Website. These terms shall be legally binding on the “User” of this Website. Any use of this Website shall be presumed as the acceptance of the Terms outlined below.
These Terms are an electronic record as per Section 2(1)(t) of the Information Technology Act, 2000 and rules made thereunder. The Terms are made in accordance of Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and generated by a computer system therefore do not require any physical, electronic, or digital signatures.
Any mention of We, Us Our, Company and Youvah would should automatically
be taken as a reference to Youvah Studio Private Limited and similarly
You and Your would be a reference to the user of this Website.
It is hereby made clear that these terms shall be read as parcel
of our Privacy and Refund Policy. These terms may be changed, modified,
amended, altered and revised from time to time, without any prior notice
to any user (i) in compliance of any applicable law in force in India,
(ii) in conjunction with our strategic plans and (iii) to improve the
functioning and operation of the company or the Website. In any case as
stated above the user shall have the option to stop their use of the
Website or the Services.
1.1.1 By signing-up to use the Platform, you acknowledge that you have read these Terms and agree to be bound by them. You also acknowledge that you have read our Privacy Policy and agree to be bound by it. By signing up to use the Platform, you represent that you have provided us with valid identifying information which may be used to verify your identity. Please note that we may restrict, suspend, or terminate your access at any time to the Platform if we believe you have breached these Terms. We may also monitor or use certain technologies to monitor your activities including your IP address to verify your geographical location.
1.2 Compliance with Applicable Laws: You must ensure that your use of the Platform and the Services complies with Applicable Laws.
1.3 Legal Responsibility on behalf of minors: We understand the importance of education and want individuals to start their journey in their independent career under the supervision of their parents/guardians from a young age. But, users below the age of 18 years (“Minor(s)”) can use the Platform only with the permission and under the supervision of their parent or legally appointed guardian (“Parent”). As the Parent you must agree to and accept these Terms and the Privacy Policy on behalf of the Minor(s). Minors cannot, therefore, use the Platform unless their Parent agrees to and accepts these Terms and the Privacy Policy on their behalf. If you agree to these Terms and the Privacy Policy on behalf of a Minor(s), you represent to us that you are their Parent. As a Parent, you agree to take full financial and legal responsibility for the acts and omissions of the Minor(s). A Minor’s use of the Services and interaction with the Platform must be supervised by the Parent. As a Parent you must take full responsibility for a Minor(s) actions while using the Services and any interaction with the Platform, such as – setting up and using an Account. As the Parent, you hereby agree to indemnify us for any loss, damage, claim, by whatever name called, and that accrues to us due to improper use of the Services by the Minor.
1.4 Inquiries as to Minors: By taking responsibility for a Minor, you authorise us to make inquiries (if we choose to do so), either directly or through third parties to validate the information provided about the Minor or your relationship with the Minor. This could include information to verify your relationship as a Parent to the Minor(s). If we are unable to verify the information that you provide, we may: (i) refuse to establish an Account for the Minor; (ii) close the Account of a Minor; (iii) terminate our Services or portion(s) thereof.
Except in cases where it is specifically provided under the law for the time being in force, we may at any point of time without prior notice discontinue, limit or terminate the Services we provide to the User.
3.1 Our Privacy Policy: Company’s Privacy Policy specifically deals with how we handle, store and use the information, personal identity data that you may provide in relation to our services. This covers third party access. We comply with the mandate under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. Due to the nature of Platform where our primary services are disseminated i.e. the Internet, lapse can be caused inadvertently in unforeseen circumstances.
3.2 Third Party Access: We and our third-party service providers may use your data, including your financial information, to improve our Services. We and our third-party service providers may use anonymous, aggregate financial information to perform analytical research, engage in performance tracking or benchmarking, or to publish, distribute, or license the aggregated, anonymous research data for any purpose..
4.1 Assignment: You shall not assign or transfer any right or obligation
that has been vested in you under these Terms, and any attempt by you to
assign or transfer such rights and obligations, shall be null and void.
We may assign or transfer any right or obligations that accrued in our
favour, at our sole discretion, without any restriction or your prior
consent.
4.2 Waiver: Unless otherwise stated expressly, any delay or
failure in our exercising any rights/remedies arising out of these Terms
and/or other policies available on the Platform, shall not constitute a
waiver of rights or remedies and no single/partial exercise of any
rights or remedies, hereunder, shall prevent any further exercise of the
rights/remedies by us.
4.3 Survival: You acknowledge that your representations,
undertakings, and warranties and the clauses relating to indemnities,
limitation of liability, governing law & arbitration shall survive the
efflux of time and the termination of these Terms.
4.4 Severability: Illegality or unenforceability, if in case of
any of the provisions of these Terms would not render the remaining
provisions of these Terms as unenforceable or inapplicable. The
aforesaid provision be presumed to be replaced by another clause
representing the original intent of the parties to the extent
permissible under Applicable Law
5.1 In order to address any questions or grievances that you may have
regarding the use of your Account, please contact our Grievance Officer:
Name: Kunal Jain
Office hours: 12 noon to 7 PM.
Email address: kunal@youvah.com
6.1 You understand and agree that we may have to modify the Services as well as the Platform on account of any regulatory changes. In such case, if you become incapable of using all or any part of the Platform or the Services, we shall not be liable to you in any manner.
7.1 We may, from time to time, display offers, services, products and advertisements from third parties on our Platform for your benefit. However, this does not mean we endorse these third parties or their products and services. If you accept any of the products or services of such third parties, such arrangement shall be solely between you and the third party. We will not be liable in any manner for such products or services of such third parties.
8.1 By using our Platform, you consent to receiving communications from us electronically. We may communicate with you by email, push notifications (on the Platform) and SMS. You agree that all electronic agreements, notices, disclosures and other communications satisfy any requirements under Applicable Law and that such communications are in writing. Please let us know if the information you share with us (including your email address and other contact details) changes. Our emails to you will be sent to the email address you last provided us, that is, if you shared your email address with us through the Platform. We will assume that you have received the email once it is sent from the outbox of our email address
9.1 All of the content on the Platform, including, all images,
illustrations, graphics, video clips, text, reports generated,
trademarks, as well as the underlying code of the Platform (“Platform
Content”), constitutes our intellectual property of the company
9.2 We give you a limited, non-transferrable, non-sub-licensable and
revocable license to access the Platform, avail of the features of the
Platform for your personal, lawful requirements only. You are not
entitled to duplicate, distribute, create derivative works of, display,
or commercially exploit the Platform Content, features or facilities,
directly or indirectly, without our prior written permission.
9.3 The trademarks, logos and service marks displayed on the Platform
(“Marks”) are our property or other respective third parties, as the
case may be.
10.1 These Terms and any action related thereto will be governed by Applicable Law. Any disputes arising out of or related to these Terms and/or the Platform, or the Services (collectively, “Dispute”) shall be referred to and finally resolved by arbitration, held in accordance with the provisions of the Arbitration and Conciliation Act, 1996, including any amendment or modification thereto. The arbitral tribunal shall consist of a sole arbitrator appointed by Youvah. The seat and venue of arbitration shall be Indore. The award and decision of the arbitrator shall be final and binding on all parties. The language of the arbitration proceedings shall be English. Each party shall bear its own expenses and costs in relation to the arbitral proceedings, unless otherwise stated in the award
11.1 Without limiting the foregoing, under no circumstances shall we be held liable for any damage or loss due to a deficiency in provision of the Services resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, or any other government regulations, floods, storms, electrical failure, civil disturbances, riots.
12.1 You agree that access and use of the Services is at your own risk.
Except as required by law, you agree that Youvah will not be liable for
any harms arising out of your use of the Services, which lawyers and
courts often call direct, indirect, incidental, special, consequential
or exemplary damages, including damages for loss of profits, goodwill,
use, data or other intangible losses, even if we have advised you of the
possibility of such harms.
12.2 In the event any exclusion contained herein is held to be invalid
for any reason and we or any of our affiliate entities, officers,
directors or employees become liable for loss or damage, then, any such
liability shall be limited to INR 5000.
12.3 These Terms are intended for users within the territory of India
and govern your rights as per Applicable Laws within the territory of
India. However, in the event you fall under a jurisdiction outside the
purview of Indian law, we will not be liable for any claim, action
and/or right initiated/exercised by you as per the extant laws of that
jurisdiction. Therefore, we request you to kindly use the Platform
accordingly.
13.1 No scaling or jeopardizing our platform: You agree to not interfere
with or use non-public areas of our Platform and our technical delivery
system. You will not introduce any trojans, viruses, any other malicious
software, any bots or scrape our Platform for any user information.
Additionally, you will not probe, scan, or test the vulnerability of any
system, security or authentication measures implemented by us. If you
tamper or attempt to tamper with our technological design and
architecture, we may terminate your Account. We may further report such
actions to the appropriate law enforcement authorities and initiate
legal action. We further reserve the right to set off any monies owed to
us from your wrongful use of the platform and/or from your abusing any
system vulnerability.
13.2 No commercial usage: You shall use the Services only for your
lawful and personal use.
13.3 No illegal usage: You shall not use the Platform or the Services
for committing fraud, embezzlement, money laundering or for any other
unlawful and/or illegal purposes. Further, you undertake not to host,
display, upload, modify, publish, transmit, store, update or share any
information over the Platform that:
i. belongs to another person and to which the user does not have any
right;
ii. is defamatory, obscene, pornographic, paedophilic, invasive of
another's privacy, including bodily privacy, insulting, or harassing on
the basis of gender, libellous, racially, or ethnically objectionable,
relating or encouraging money laundering or gambling, or otherwise
inconsistent with or contrary to the laws in force;
iii. is harmful to children;
iv. infringes any patent, trademark, copyright, or other proprietary
rights;
v. deceives or misleads the addressee about the origin of the message or
knowingly and intentionally communicates any information which is
patently false or misleading in nature but may reasonably be perceived
as a fact;
vi. impersonates another person;
vii. threatens the unity, integrity, defence, security or sovereignty of
India, friendly relations with foreign States, or public order, or
causes incitement to the commission of any cognisable offence or
prevents investigation of any offence or is insulting other nation;
viii. contains software virus or any other computer code, file or
program designed to interrupt, destroy, or limit the functionality of
any computer resource;
ix. is patently false and untrue, and is written or published in any
form, with the intent to mislead or harass a person, entity, or agency
for financial gain or to cause any injury to any person;
x. disrupt or interfere with the security of, or otherwise cause harm
to, the Platform, systems resources, accounts, passwords, servers, or
networks connected to or accessible through the Platform or any
affiliated or linked sites;
xi. violate the Terms contained herein or elsewhere and/or the Privacy
Policy; and
xii. reverse engineer, modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from,
transfer, or sell any information or software obtained from the
Platform.
13.4 Duty to provide true information: The information you provide is
used by us to determine your eligibility and continuing use of your
Account. It is critical that all information you provide to us is true,
complete, not misleading and is regularly updated by you. If all or any
part of this information is incorrect, incomplete or misleading, it
would be a breach of these Terms and a violation of the law. We may
approach appropriate authorities to initiate legal action against you.
You must further ensure that you do not do anything that can make the
information provided by you incorrect, incomplete or misleading at a
later date. If you discover any information provided is incorrect,
incomplete or misleading, then please write to our Grievance Officer
(details given below) immediately.
13.5 Duty to be responsible: Considering the nature of the Platform and
Services provided, please ensure that you keep your mobile device safe.
You are solely responsible for all activities that occur under your
credentials on the Platform. You should keep your password safe and not
disclose your Account details to any third party or share your Account
with any third party. If you think someone has gained access to your
Account without your permission, please contact our Grievance Officer
immediately.
13.6 Ensure compatibility and keep updated: You must ensure that you
keep updating the Platform as and when we release new versions of it.
Failure to do so may make you incapable of using the Platform and our
Services.
13.7 Refunds or reversals of accidental transactions: In the event that
there is an accidental remittance or credit to your account due to a
technical default, glitch, or on account of any unauthorized access to
the systems, we reserve the right to reverse any such transactions and
to further claim any monies that may be due to us. We shall in no event
be liable to you and you shall have no claim against such accidental or
additional remittance to your account.
14.1 We may disclose the information you provide us to third parties: (i) where it is necessary or helpful for completing a transaction; (ii) in order to comply with any law or to comply with requirements of any government agency or court orders; (iv) in order to prevent, investigate or report possible illegal activity; (v) in order to issue authorizations for transactions; and (vi) as otherwise permitted by law. Please see our Privacy Policy for further details.
15.1 You agree to indemnify, defend and hold harmless, us, our
affiliates, officers, directors, agents, and employees from and against
any and all complaints, demands, claims, damages, losses, costs,
liabilities and expenses, including attorney’s fees, due to, arising out
of, or relating in any way to (i) your access to or use of the Platform
and/or Services; (ii) your breach of these Terms and the Privacy Policy
and/or any representation made while using the Platform and/or Services,
(iii) your improper use of the Platform and/or Services; or (iv) your
breach of any Applicable Laws or third-party rights.
15.2 As the parent or legal guardian of the minor providing consent on
behalf of the Minor, you agree to indemnify defend and hold harmless,
us, our affiliates, officers, directors, agents, and employees from and
against any and all complaint , demands, claims, damages, losses, costs,
liabilities and expenses, including attorney’s fees, due to, arising out
of, or relating in any way to (i) the minor’s use of the Platform/and or
Services; (ii) the minor’s breach of these Terms and Privacy Policy
and/or any representation made while using the Platform and/or Services,
(iii) the minor’s improper use of the Platform and/or Services; or (iv)
the minor’s breach of any Applicable Laws or third-party rights
16.1 We make reasonable efforts to make the Platform and/or Services
available, but we make no representations or warranties regarding the
same, including the time needed to complete transaction processing
because this is dependent on many factors outside our control.
16.2 Company is not liable for any losses that may occur as a result of
the acts or omissions of any other third party service providers.
16.3 The Platform and Services are provided on an “as is” basis without
any representation or warranties, express or implied except otherwise
specified in writing. We do not warrant the quality of the Services or
the Platform, including its uninterrupted, timely, secure or error-free
provision, continued compatibility on any device, or correction of any
errors. In no event shall we or any of our affiliates, successors, and
assigns, and each of their respective investors, directors, officers,
employees or agents be liable for any special, incidental, punitive,
direct, indirect or consequential damages or losses suffered as a
consequence of a breach of the Terms by another user or arising out of
the use of, or the reliance on, any of the Services or the Platform.
17.1 We may charge a fee for providing our Services, which we will convey to you through the Platform, (including any periodic revisions). For instance, we may charge you a fee for availing features of your Account. Rest assured that we will let you know before charging you anything.