Terms and Conditions: Yoactiv

Terms and Conditions

Welcome to Yoactiv. These terms and conditions of the Website (as defined below) between Tapiyoka Technologies Private Limited, d/b/a Yoactiv (hereinafter referred to as "Tapiyoka Technologies" or "Yoactiv") and the users/ registrants of the Website ("You" or "Your" or "Yourself" or "User") describe the terms on which Yoactiv offers You access to the Website and the Services (as defined below) through the Website. This User Agreement sets forth the "terms and conditions" which govern your use of our website (our "Site").

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.

YOUR USE OF THE WEBSITE IMPLIES THAT YOU AGREE WITH THE TERMS OF USE.

This Website is provided to assist you, the member / guest, gather information, to determine the availability of activities and/or services in various locations, and to facilitate the transacting of business with the activities and/or service provider directly, and for no other purposes.

This Website and your use of it is conditioned upon your acceptance, without modification or amendment, of all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by all of the terms and conditions of the Agreement. If you do not agree to all the terms, conditions and notices set forth herein, you are not authorized to access or otherwise use the Website. You should read through all the Terms and conditions carefully. You consent to the terms of the Agreements constitutes a legally binding agreement between you and Tapiyoka Technologies Private Limited. We reserve the right to modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement. Accordingly, please return to this page periodically to review the most current version of the Agreement.

As a condition of your use of this Website, you warrant that:

  1. you are at least 18 years of age,
  2. you possess the legal authority to create a binding legal obligation,
  3. you will use this Website in accordance with the terms and conditions,
  4. you will only use this Website and the services provided to offer or secure legitimate activities / services for you or for another person for whom you are legally authorized to act, and
  5. all information supplied by you on this Website is true, accurate, current and complete.

Acceptance of the Terms and Conditions of the Agreement. You can accept the terms and condition by actually using the Website. In this case, you understand and agree that Yoactiv will treat your use of the Website as acceptance of the terms and conditions from that point onwards. Before you continue, you should print off or save a local copy of the terms and conditions for your records.

Electronic Communications

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Your Account and Registration Obligations

If you use the Site, you are responsible for maintaining the confidentiality of your account like email ID , Password, etc. and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or Password. You agree to:

  1. Provide true, accurate, current and complete information about yourself as prompted by registration form available on the Site (such information being the "Registration Data"); and
  2. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or Yoactiv has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Yoactiv has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.

Subscription to Beta Service

We may offer certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Yoactiv will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.

Use of Website/Yoactiv is a platform to Facilitate Business between Users/“As-Is and As Available”

You are responsible for your use of this Website and any transaction entered into for the purchase of activities, deals and packages or doing business. Yoactiv does not own or manage these activities, deals and packages. Instead, the Website is merely a platform to allow individuals, businesses and Interest groups who advertise and/or utilize our Website (hereinafter to referred to as a “Partner”) to offer for sale in a variety of pricing formats specific activities or services (each, a “member” and, collectively with a “Partner”, the “users”). We are not involved in any transaction between Partner and member, despite the fact we provide tools to both Partner and members that enable a memberto transact business with a Partner. As a result, any part of an actual or potential transaction between a member and a partner, including the quality, safety or legality of the services advertised, the truth or accuracy of the services and /or activities (including the content thereof or any service or member review), the ability of partner to book an activity and/or service or the ability of members to pay for the use of the service and/or activities are solely the responsibility of each user.

We are also not responsible for the condition of the services and/or activities listed on the Website, nor are we responsible to determine whether any services and/or activities listed on the Website are in compliance with any and all laws, orders, statutes, ordinances, rules and regulations of federal, state, county and municipal authorities having jurisdiction over any property.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

IN PARTICULAR, Yoactiv (TAPIYOKA TECHNOLOGIES PRIVATE LIMITED) ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

  1. YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
  2. YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
  3. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
  4. THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

Limited License to Use the Services provided by Yoactiv

Users are granted a limited, revocable, non-exclusive license to access the Website and the content and services provided on the Website all in accordance with the express terms and conditions. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services provided by Yoactiv, in the manner permitted by the terms and conditions.

Any use of the Website that is not in accordance with the express terms and conditions is expressly prohibited. By submitting, posting or displaying the content you give Yoactiva irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content which you submit, post or display on or through, the Website.

Unauthorized Uses of the Website

The license to use the Website granted to users upon the terms and conditions contained herein does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of the Website nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our the prior written permission of Yoactiv, which permission shall be at the sole, unfettered discretion of Yoactiv; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Website.

Unauthorized uses of the Website shall also include, but is not limited to those uses listed below. You agree not to do any of the following:

  • Any unauthorized use of the Website or the tools and services on the Website for the purpose of booking or soliciting a service or activities listed under a valid posting;
  • Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever;
  • Reproduce any portion of the Website on your Website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Website, or other framing technique to enclose any portion or aspect of the Website, or mirror or replicate any portion of the Website;
  • Modify, translate into any language or computer language, or create derivative works from, any content or any part of the Website;
  • Reverse engineer any part of the Website;
  • Sell, offer for sale, transfer, or license any portion of the Website in any form to any third parties;
  • Use any robot, spider, scraper, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Website;
  • Use the Website or post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretences, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;
  • Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
  • Violate, plagiarize or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or
  • Use or access the Website in any way that, in our sole, unfettered discretion, adversely affects or could adversely affect the performance or function of the Website or any other system used by us or the Website.

If you are aware of or experience any content, activity or communication through or in connection with the Website that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms and conditions, we ask that you please inform us of any such violation by sending an email to legal@yoactiv.com

Proprietary Rights and Downloading of Information from the Website

You acknowledge and agree that Yoactiv, or it’s licensors own all legal right, title and interest in and to the Website and content, including without limitation, all intellectual property rights which subsist in the Website (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Website may contain information which is designated confidential by Yoactiv and that you shall not disclose such information without Yoactiv’s prior written consent, which consent may be withheld, delayed or conditioned.

The Website and all content on the Website are protected by copyright as a collective work and/or compilation, pursuant to applicable Indian and international copyright laws and conventions and database rights. You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to any content on the Website. Copying, storing or otherwise accessing the Website or any content on the Website for other than for your personal, non- commercial use (other than in accordance with a valid posting) is expressly prohibited without prior written permission from Yoactiv.

As part of the services and/or activities inquiry process, for your own personal, non-commercial use and not for further distribution, you may download, display, and/or print one copy of any portion of the Website. You may not modify the same, and you must reproduce our copyright notice in the form “© 2014 Yoactiv – All Rights Reserved”, in the form displayed on the relevant portion(s) of the Website that you desire to download, display or print.

Yoactiv reserves the right to change, suspend, remove, or disable access to any accommodations, tours, activities, packages and events at any time without notice.

Your E-mail Address and Our Privacy Policy

When you provide your e-mail address to us in connection with any service or tool provided on the Website, you agree to allow the Website and its affiliated websites to add your e-mail address to our database of users. You agree that this license includes a right for Yoactiv to make such content available to other companies, organizations or individuals with whom Yoactiv has relationships for the provision of syndicated services, and to use such content in connection with the provision of those services.

Responsibility for Verification

User verification on the Internet is difficult and we cannot and do not confirm each user’s purported identity. You agree to (i) keep your password and online ID secure and strictly confidential, providing it only to authorized users of your account, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. We discourage you from giving anyone access to your online ID and password. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account, even those transactions that are fraudulent or that you did not intend or want performed.

Limitations on Communications and Use of Other Users’ Information; No Spam

You agree that, with respect to other users’ personal information that you obtain through the Website or through any Website-related communication or transaction, we have granted to you a license to use such information only for: (a) Website-related communications that are not unsolicited commercial messages, (b) using services offered through the Website, (c) facilitating a financial transaction between you and the other user (such as an on-line booking or charging a personal credit card) and (d) any other purpose that a user expressly agrees to after you tell them the purpose you would like to use it for. In all cases, you must give users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.

We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Website user, even a user who has purchased a service and or activities from you or to you, to your mailing list (email or physical mail) without the user’s express consent. You may not use any tool or service on the Website to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms and conditions. You are responsible for all content you provide to the Website or through any tool or service provided on the Website.

Content; Responsibility for User-Contributed Content

We have no duty to pre-screen content posted on the Website by hosts, guests or other users (collectively, “user-contributed content”) and we are not responsible for user-contributed content. We do, however, reserve the right to decline to permit the posting on the Website of, or to remove from the Website, any user-contributed content that Yoactiv deems inappropriate, or if it otherwise violates the terms set forth in this Website. We may also remove user-contributed content if it is brought to our attention, such as by notice given to us by a user or any third party that any part of these Terms and conditions, or any other requirements governing the posting of such content, has/have been apparently breached in respect of such content.

All services and/or activities on the Website are submitted by the Partner and are the sole responsibility of the partner, and we specifically disclaim any and all liability arising from the alleged accuracy of the services and/or activities or any alleged breaches of contract on a partner’s part. Partners are solely responsible for keeping their services and/or activities information up-to-date on the Website, including, but not limited to any and all representations about any service and /or activities, its features, location, price, and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, reviews, member entries, services and/or activities location, suitability, pricing or availability information published on the Website is accurate or up-to-date even in the case where prospective members have searched for specific special offers, dates, or types of services and/or activities. Partners are solely responsible for ensuring the accuracy of any services and/or activities descriptions, and membersare solely responsible for verifying the accuracy of such descriptions.

We reserve the right to disclose any information as permitted by prevailing or applicable law to satisfy any law, regulation or government request if we determine, in our sole discretion, that we are required to respond to, or if it would be in our interests to, respond to such request. All content and copy edits submitted by partners are subject to review and approval by us in our sole discretion. We reserve the right to refuse to publish any content that we determine, in our sole discretion, does not meet these terms and conditions or is otherwise unacceptable to us. However, we assume no duty to review content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, services, content and/or photographs or any change made to any content, photograph or copy submitted by any host. Users and/or partners are responsible for reviewing and ensuring that any content submitted to the Website is displayed as the partner intended.

Responsibility not to Infringe on Rights of Others

We respect the intellectual property rights of others, and Yoactiv does not permit, condone, or tolerate the posting of any content on the Website that infringes any person’s copyright. Yoactiv may terminate, in appropriate circumstances, a partner or member who is the source of repeat infringements of copyright.

Unsolicited Ideas; Links to Other Websites

From time to time, users submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. We do not solicit such ideas or suggestions and are under no obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions or other works (“submissions”) in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply. The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, seem similar to any of your submissions. If you provide any submissions to us, you agree that: (1) your submission and its contents will automatically become the property of Yoactiv, without any compensation to you; (2) Yoactiv may use or redistribute any such submission and its contents for any purpose and in any way; (3) there is no obligation for Yoactiv to review any submission; and (4) there is no obligation to keep any submission confidential.

This Website may contain links and pointers to other internet sites, resources, advertisers, and sponsors of the Website. Links to and from the Website to other third-party Websites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party Websites or the contents thereof. We are not responsible in any way for such third-party Websites or resources and your use of such Websites and resources will not be governed by these Terms and conditions.

Medical Disclaimer

Yoactiv IS NOT A MEDICAL REFERRAL SERVICE, AND DOES NOT RECOMMEND OR ENDORSE ANY PARTICULAR MEDICAL OR WELLNESS TREATMENT OF ANY KIND. Yoactiv DOES NOT OFFER ADVICE REGARDING THE SUITABILITY OR APPROPRIATENESS OF ANY MEDICAL OR WELLNESS TREATMENT FOR ANY MEDICAL CONDITION. NEITHER THIS SITE NOR ANY OF THE INFORMATION CONTIANED HEREIN IS INTENDED TO BE, NOR SHOULD IT BE CONSTRUED AS, A SUBSTITUE FOR PROFESSIONAL HEALTH OR MEDICAL ADVICE. Yoactiv (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES AGENTS, REPRESENTATIVES AND AFFILIATES) EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY ARISING FROM (A) YOUR USE OF OR RELIANCE ON THE SITE OR THE INFORMATION CONTAINED HEREIN AS A MEDICAL REFERENCE SOURCE, (B) ANY ADVICE, TREATMENT, OR SERVICES RENDERED BY ANY THIRD PARTY PROVIDER, PARTNER OR AFFILIATE FEATURED ON THIS SITE, OR (C) ANY CLAIMS THAT MAY RESULT DIRECTLY OR INDIRECTLY FROM YOUR USE THEREOF. SHOULD YOU HAVE ANY MEDICAL OR HEALTH CARE RELATED QUESTIONS, OR IF YOU HAVE ANY REASON TO SUSPECT THAT YOU HAVE ANY CONDITION THAT MIGHT REQURIE MEDICAL ATTENTION, Yoactiv ADVISES YOU TO SEEK APPROPRIATE MEDICAL ATTENTION AND CARE PROMPTLY. ALWAYS CONSULT WITH YOUR PHYSICIAN OR QUALIFIED HEALTH CARE PROFESSION BEFORE EMBARKING ON ANY NEW TREATMENT, DIET, FITNESS OR WELLNESS PROGRAM.

Limitation of Liability; Disclaimers

IN NO EVENT WILL THE WEBSITE, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND/OR EMPLOYEES (COLLECTIVELY, THE “Yoactiv (TAPIYOKA TECHNOLOGIES PRIVATE LIMITED) PARTIES”) BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR WEBSITE, (B) THESE TERMS AND CONDITIONS, (C) ANY BREACH OF THESE TERMS AND CONDITIONS BY YOU OR A THIRD PARTY, (D) USE OF THE WEBSITE, TOOLS OR SERVICES WE PROVIDE RELATED TO THE BUSINESS WE OPERATE ON THE WEBSITE BY YOU OR ANY THIRD PARTY AND/OR (E) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS AND CONDITIONS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US OR ANOTHER USER OF THE WEBSITE WITH RESPECT TO THESE TERMS AND CONDITIONS OR THE WEBSITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE WEBSITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF THE Yoactiv (TAPIYOKA TECHNOLOGIES PRIVATE LIMITED) PARTIES, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE IS LIMITED TO THE EQUAL OF THE SUBSCRIPTION FEES IF ANY, YOU PAY TO US FOR THAT PARTICULAR MONTH OF SERVICE GIVING RISE TO LIABILITY THE WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED WEBSITE, EVEN IF WE BECOME AWARE OF ANY SUCH BREACHES. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS WEBSITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS TO US AND BY POSTING INFORMATION ON THE WEBSITE, INCLUDING TOURS AND/OR ACTIVITIES, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS AND CONDITIONS.

YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY TRANSACTION. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE SAFETY OF ANY TRANSACTION, SERVICES AND/OR ACTIVITIES OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE WEBSITE.

Release; Indemnification

IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER-CONTRIBUTED CONTENT), YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE WEBSITE AND ANY MEMBER OF THE Yoactiv (TAPIYOKA TECHNOLOGIES PRIVATE LIMITED) GROUP, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE WEBSITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HI S SETTLEMENT WITH THE DEBTOR.”

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THE WEBSITE AND ANY MEMBERS OF THE Yoactiv (TAPIYOKA TECHNOLOGIES PRIVATE LIMITED) GROUP (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE WEBSITE OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR OTHER USERS OF YOUR ACCOUNT TO THE WEBSITE OR ANY BREACH BY YOU OF THESE TERMS AND CONDITIONS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.

Choice of Law and Forum; Time Limit to Commence Suit

ANY AND ALL SERVICES AND RIGHTS OF USE HEREUNDER ARE PERFORMED, PERFORMABLE AND/OR SOLD IN INDIA, AND YOU IRREVOCABLY AGREE THAT ANY CAUSE OF ACTION YOU MAY SUBMIT IN CONNECTION WITH YOUR USE OF THE WEBSITE OR PURSUANT TO THESE TERMS AND CONDITIONS WILL BE FILED IN INDIA WHICH YOU ACKNOWLEDGE AND AGREE WILL BE THE EXCLUSIVE FORUM AND VENUE FOR ANY LEGAL DISPUTE BETWEEN YOU AND US. YOU ALSO AGREE THAT ANY DISPUTE BETWEEN YOU AND US WILL BE GOVERNED BY THE LAWS INDIA, WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES.

Arbitration

If any dispute arises between you and Yoactiv.com during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by Yoactiv.com. The place of arbitration shall be Bangalore. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

Payments & Cancellations

Full payment by credit card/debit card/net banking is required to make a booking. Payment will be listed as Yoactiv on the credit card statement.

Canceling a booking with Yoactiv can result in cancellation fees being applied by Yoactiv. Additional fees may be levied by the individual partner (see your Yoactiv Voucher for specific details). When canceling any booking you will be notified via email of the total cancellation fees.

Yoactiv Vouchers

You will receive a personalized Yoactiv Voucher through e-mail for each service, event or activity booked.You must provide the original, authentic Yoactiv Voucher to the appropriate service provider in order to redeem your service, activities, deal or package.

General

No Agency: Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these terms and conditions or your use of the Website.

When we need to send you notice, it will be sent to the email address you provide to the Website during the registration process or as later updated in your account (if applicable). Notice shall be deemed given upon receipt or 48 hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any address provided to us during the registration process or as later updated in your account (if applicable). In such case, notice shall be deemed given three days after the date of mailing.

Enforcement of These Terms and conditions: We may immediately terminate any user’s access to or use of the Website due to such user’s breach of these terms or any other unauthorized use of the Website. However, we do not guarantee that we will take action against all breaches of these terms and conditions. Our failure to take immediate action with respect to a breach by you or others does not waive our right to act with respect to such breach or any other breach. Any action or inaction by us in response to any breach of these terms and conditions does not limit our rights with respect to actions we may take in response to any other similar or different type of breach.

Entire Agreement, Headings and Severability: These Terms and conditions constitute the entire agreement between us and you with respect to the matters set forth herein, and supersede any prior agreement between us and you with respect to your use of the Website. Headings in these terms and conditions are for reference only and do not limit the scope or extent of such section. If any portion of these terms and conditions is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of these terms and conditions shall remain in full force and effect. Further, any provision of these terms and conditions held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.

Accuracy of Information

This Website and the services provided may only be used by users and/or partners who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to these terms and conditions. Each user and/or partner represents and covenants that all information submitted to us and to the Website during such partner’s registration with Yoactiv shall be true and correct. Each user and/or partner agrees to promptly provide such proof of personal identification, proof of ownership of the business listed on the Website, and proof of authority to list the business as we may request.

Photographs

All printed (paper based) photographs submitted by users will be discarded after we have scanned the same into our electronic database. We have no responsibility to return such photographs to you. We will use reasonable efforts to reproduce faithfully any photograph submitted, but we are not responsible for any loss or damage or harm otherwise resulting from any defect in this regard.

Photographs should depict the services and/or activities as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information that would violate the privacy rights, intellectual property rights or any other rights of a third party. Photographs must meet our Content Guidelines. We reserve the right not to display or to remove any photographs that we determine, in our sole discretion, do not meet these Terms and conditions or are otherwise unacceptable to us.

By submitting a photograph either electronically through the Website or by mailing a paper photograph to our offices, the host represents and warrants that (a) (i) it holds all intellectual property rights with respect to each submitted photograph, or (ii) it has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Website, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that it will indemnify and hold harmless the Website and any member of the Yoactiv Group from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted.

It is the Partner’s responsibility to obtain reproduction permission for all photographic and other material used in its advertisements. The host warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained and agrees to provide any proof of such rights to us that we may request.

Grants of copyright

By accepting these Terms and conditions and by posting a listing on the Website, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any content you post on the Website or the websites of our affiliates, and you grant the Website and the members of the Yoactiv Parties the ability to copyright and protect the images, copy, and content available via your listing from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material. We need these rights to host and display your listing. You further agree to assist us to protect such copyrighted material from unauthorized redistribution. We are not responsible for any infringement or violation of laws resulting from content supplied by any partner or member and each partner or member agrees to indemnify and hold harmless the Website and any partner or member of the Yoactiv against any action brought for breach of copyright or other rights from the use of such content supplied by such partner. Each partner hereby waives and releases all rights to any claim against us for any alleged or actual infringement of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with any user-contributed content posted or provided to us by any partner.

Further, each partner agrees that we may reproduce in whole or in part any photographic material supplied by such partner in the promotion of either such partner’s property or the promotion of the Website.

Fees and Services

Membership on the Site is free. Yoactiv does not charge any fee for browsing on the Site. Yoactiv does not charge any fee to the Partners for listing your business, services, activities or interest groups. Fee to you will be charged if you use the paid services. Subscriptions to paid Services are available on monthly and yearly subscription plans. Before you purchase the subscription services, we request you to review our fee, posted on Site or sent to you through e-mail, which is hereby incorporated by reference into this User Agreement. Your subscription will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription. The subscription fee will be charged to the Credit Card last used by you. If you would like the payment for the renewal to be made through a different Credit Card or if you do not wish to renew the subscription, you agree to inform us at least seven days prior to the renewal date. In the event of termination of the subscription, you will be refunded the subscription fee for the unused portion of the subscription period. Yoactiv reserves the right to change the subscription fee and to charge for use of Services that are currently available free of charge. You will not be charged for using any Service unless you have opted for a paid subscription plan. However, Yoactiv reserves the right to change its fee charging and credit policies from time to time. In particular, Yoactiv may at its sole discretion introduce new services and modify some or all of the existing services offered on the Site. In such an event Yoactiv reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee charging and credit policies shall be posted on the Site and such changes shall automatically become effective immediately after they are posted on the Site. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You are responsible for paying all fees associated with the use of the Site and you agree to bear any and all applicable taxes, charges etc. levied thereon. Yoactiv reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership and refuse to provide you with access to the Site in case of non-payment of fees by you to Yoactiv.com. Yoactiv also reserves the right to take legal action in case of non-payment of fees by you to Yoactiv.

End of Terms and Conditions

If you have any questions or concerns regarding this agreement, please contact us at legal@yoactiv.com

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