We will use some terms like “Us”, “We”, “Our” or the “Company”. All of these refer to Monkwish Technologies Private Limited. When we say “You” or “User”, we refer to you, a natural or legal person who may be a visitor, registered User or end-user on the Yogya.ai.
“Your Customer” will mean any customer of Yours, the User. Yogya.ai is owned and operated by the Company. Please read the Terms carefully before logging in, or using Yogya.ai in any manner whatsoever.
This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”), the rules thereunder as applicable, and the provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1. Acceptance of the Terms
- To accept these Terms, You must be at least 18 (eighteen) years of age. If in Your jurisdiction You must be older to form a legally binding commercial contract, You must be such an older age. We will assume You are of such valid legal age to accept these Terms.
- Because Our services are provided to corporate legal entities, You represent and warrant that you are duly authorized to accept these Terms and have the authority to bind your legitimate and registered business entity.
- In consideration of Your use of Yogya.ai, You agree to:
- provide true, accurate, current and complete information about Yourself as prompted on Yogya.ai;
- maintain and promptly update your data to keep it true, accurate, current and complete.
- You must provide all information that is accurate and that You are duly authorized to provide. If You provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to suspend or terminate Your account and refuse any and all current or future use of Yogya.ai (or any portion thereof) at any time.
- You will be required to enter a valid phone number and email id while registering on Yogya.ai. By registering Your phone number with Us, You consent to be contacted by Us via phone calls, SMS notifications, and/or e-mails, in case of any subscription/service updates.
- You shall be solely responsible for compliance with the security practices and procedures as prescribed in the Information Technology Act, 2000 and the rules made thereunder and/or the rules and regulations of the Reserve Bank of India.
2. Registration and Yogya Services
- To avail any services offered by the Company, You will have to register with Yogya.ai to create Your account. To register You will be required to create an account by completing the registration process, by providing us with current, complete and accurate information as prompted by the registration form. You may then update information relating to You.
- To access Your account on Yogya.ai, You will be asked to log in with Your e-mail address and password, to establish a unique identity for You. You are responsible for maintaining the confidentiality of Your password, verification code, pin code, and account information, and are fully responsible for all activities that occur on Your account. If there is any compromise on Your password You can change your password using the ‘Forgot Password?’ functionality.
- The Company offers You a limited, non-exclusive, non-transferable, non-sub-licensable license to the Company’s proprietary technology software hosted on Yogya.ai (“Yogya Software”) which helps You manage and reconcile e-commerce payments.
- You agree that You shall not, directly, indirectly, alone, or with another party-
- copy, disassemble, reverse engineer, or decompile the Yogya Software;
- modify, create derivative works based upon, or translate the Yogya Software;
- license, sell, rent, lease, transfer, grant any rights in or otherwise commercially exploit the Yogya Software in any form to any other party, nor shall You attempt to do any of the foregoing or cause or permit any third party to do or attempt to do any of the foregoing, except as expressly permitted hereunder.
- At the time of registration, you are required to disclose the exact business category/business sub-category for which you will be using Our services. The Company does not guarantee the consistency or stability of Yogya.ai solution. Further, any services provided by the Company may be subject to change at the discretion of the company, and the Company does not require Your consent for the same.
- You agree that all notices, disclosures and other communications that the Company provides to you electronically, satisfy any legal requirement that such communications be in writing. You understand that the fees payable and related payments for the provision of services (“Fees”) are non-refundable. You agree that the billing credentials provided by You for services from the Company will be accurate and You will not use billing credentials that are not lawfully owned by You. You are solely responsible for payment of all taxes, legal compliances and statutory registrations and reporting if any.
- You shall be responsible at Your own costs for providing and maintaining all necessary software and facilities to connect to and use Yogya.ai.
- You shall be responsible for any and all activities that occur under Your account. We will not be liable for any loss that You may incur as a result of someone else using your account. However, You could be held liable for losses incurred by Us or another party due to someone else using your account.
- The information You input into the Yogya Software when using the Services is controlled by You. You are wholly responsible for information You upload onto Yogya.ai. If You require that Yogya.ai be integrated from third-party platforms. You must ensure that necessary authorisations, licenses and permits to do so have been duly obtained. You agree to indemnify and hold harmless the Company from any claims that such integration was not duly authorized.
- Any data, results or reports generated from the use of Yogya Software shall be solely owned by You. You, however, provide us with an irrevocable license to access and use the aggregated data/results to improve, modify or develop new products or services. All data/results are available for downloading from Yogya.ai. We encourage You to maintain a backup of the data in Your systems.
3. Prohibited Conduct
- You agree that You shall not use Yogya.ai in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy material:
- in violation of any applicable law or regulation;
- in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others;
- that belongs to another person and to which You do not have any right to;
- that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
- harm minors in any way;
- deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person or entity;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Company’s computer systems or the site or the Company’s users, customer’s computer systems or site;
- 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 cognizable offence or prevents investigation of any offence or insulting any other nation;
- You agree not to collect or harvest any personally identifiable information, including account names, from Yogya.ai, nor use Yogya.ai for any commercial solicitation purposes.
- If You become aware of misuse of Yogya.ai by any person, please contact [email protected]
You acknowledge, consent and agree that the Company may access, preserve and disclose Your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
- comply with legal process nationally or internationally;
- respond to claims that any Content violates the rights of third parties;
- protect the rights, property or personal safety of the Company, its Users and the public; or
5. Security Components
You understand that Yogya.ai and the software hosted at *.yogya.ai may include security components that permit digital materials to be protected, and that use of these digital materials is subject to usage rules set by the Company. You shall not attempt to reverse engineer, override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into Yogya.ai
6. Links to Third Parties
- For informational purposes, We may provide referrals to third party content or links to third-party applications and/or websites, including entities/ companies/ businesses/ individuals that have a relationship with Us (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and We do not warrant the products or offerings of, any of these entities/ companies/ businesses/ individuals, or the accuracy of the content of their applications or websites.
- We do not assume any responsibility or liability for the actions, product, and content of any such third-party applications or websites.
- If You decide to access any such third-party platform, You do so at Your own risk. We will not be liable for any loss or damage incurred as a result of any content/transaction on such third-party applications or websites.
- While interacting with any such third-party applications or websites found through Yogya.ai, We strongly encourage You to exercise reasonable diligence as You would in traditional offline channels and practice judgment before committing to any transaction or exchange of information.
7. Intellectual Property Rights
- The Website is proprietary software developed and made available exclusively by Us. We are the sole owner of Yogya.ai, and all software created to make the Website available to You. We provide You with a single limited license to use, and access Yogya.ai for the limited purpose of using the services. The license is specifically personal, non-transferable, and non-exclusive. All content on Yogya.ai, including, but not limited to, designs, text, graphics, graphs, images, information, logos, button icons, software, audio files and any other content (“Content”) are Our exclusive and sole property.
- You acknowledge that the Company owns all right, title and interest in and to all intellectual property rights in the Yogya Software (including all derivatives or improvements thereof) and any suggestions, enhancement requests, feedback, or recommendations provided by You or any user relating to the Yogya Software.
- All icons and logos are trademarks of and proprietary to Us. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
- All Content is Our exclusive copyright or of Our licensors, except the third party content and link to third-party applications or websites. Systematic retrieval of Our Content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without Our written permission is prohibited. In addition, the use of the Content for any purpose not expressly permitted by Us in these Terms is prohibited and may invite legal action.
- Except as specifically provided herein or elsewhere in Yogya.ai, no Content may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Our prior express written permission. You may not add, delete, distort, or otherwise modify the Content. Any unauthorized attempt to modify any Content, to defeat or circumvent any security features, or to utilize Yogya.ai or any part of the Content for any purpose other than its intended purposes is strictly prohibited.
- All Content on Yogya.ai, including images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights. The Content on Yogya.ai is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such Content in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without Our prior written consent, modification of the Content, use of the Content on any other website, application or networked computer environment or use of the Content for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of these Terms.
- The Company respects the intellectual property of others. In case You feel that Your trademark or copyright has been infringed, You can write to Us at [email protected]
- When You upload or submit any information on Yogya.ai, you give us a worldwide license to use, host, store and reproduce such information. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our services, and to develop new ones.
8. Terms and Termination
- The Company reserves the right to cancel, delete or deactivate Your Account, if it believes the same has been compromised or is being used fraudulently, at its own discretion.
- We retain the right to terminate or downgrade Your use of the services on Yogya.ai if You fail to duly make payments of amounts lawfully due to Us.
9. Disclaimer of Warranties and Liability
- You warrant that all information supplied by You for accessing the Website, including without limitation Your name, e-mail address, mobile number and transactions related to it thereto, are correct and accurate, and belong to You.
- You shall be financially responsible for Your use of Yogya.ai. You undertake to supervise and be responsible for accessing the Website under Your account and absolve the Company from any liability on this account.
- The Company shall not be held responsible for any reason whatsoever, for any losses or damages incurred by You due to the use of Yogya.ai.
- The information and views contained on Yogya.ai are based on information available and believed to be correct to the best of our knowledge and we do not assume responsibility for the accuracy or for any loss arising out of any information contained herein.
- We will use best efforts to protect the security and integrity of Yogya.ai. However, considering the inherent vulnerabilities of the internet, if there is a compromise to our systems, or if any unauthorised person hacks into or gains access to Yogya.ai, Your accounts, You must understand that we will not be liable. We will address any such incident in the best and most reasonable manner.
- All Content on Yogya.ai, (including but not limited to software), products and services, included on or otherwise made available to You through Yogya.ai are provided on “AS IS” and “AS AVAILABLE” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, We do not warrant that:
- Yogya.ai and services will be constantly available, or available at all, or is error-free;
- The information on Yogya.ai is complete, true, accurate or non-misleading;
- The quality of any services, content, information, or other Content on Yogya.ai will meet Your expectations or requirements; or
- Any software used and/or licensed in connection with Yogya.ai will be compatible with other third-party software or devices nor that operation of Yogya.ai and the associated software will not damage or disrupt other software or hardware. The Company shall not be responsible or liable for any of the aforesaid risks.
- All warranties, including without limitation, the implied warranty of merchantability, fitness for a particular purpose, for the title and non-infringement are disclaimed and excluded.
- We will not be liable to You in any way or in relation to the Content, or use of, or otherwise in connection with Yogya.ai. We do not warrant that Yogya.ai, information, Content, product (including software) or services included on or otherwise made available to You through Yogya.ai are free of viruses or other harmful components.
- Our affiliates, respective investors, directors, employees, agents, suppliers, and Us shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages arising out of or in any way connected with the use of Yogya.ai, whether based in contract, tort, strict liability, or other theory.
- SUBJECT TO APPLICABLE LAWS, IN NO EVENT WILL WE, OUR EMPLOYEES’, AGENTS’, PARTNERS, CONTRACTORS’ AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE AFORESAID SERVICES SHALL EXCEED THE PAYMENTS ACTUALLY RECEIVED AND RETAINED BY US FROM YOU IN THE LAST THREE MONTHS OF ANY CLAIMS HAVING ARISEN, FOR ANY AND ALL CAUSES OF ACTION BROUGHT BY YOU OR YOUR AGENTS.
10. Exclusions and Limitations
Those who access or use Yogya.ai from other jurisdictions do so at their own volition and are responsible for compliance with the local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to You; all other provisions of these Terms will remain in full force and effect.
You agree to defend, indemnify and hold harmless the Company, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorneys’ fees and costs) arising from:
- Your use of and access to Yogya.ai;
- Any act by You which may corrupt, alter or modify our software or Yogya.ai;
- Your violation of any third party rights, including without limitation any copyright, property, or privacy rights;
- Any claim from an End User;
- Your violation of any applicable law.
12. Additional Terms
- We may also require You to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through Yogya.ai, to obtain certain Content through Yogya.ai, or for other reasons. These additional terms are part of these Terms, and You agree to comply with them when You participate in those promotions or otherwise engage in activities governed by such additional terms.
- We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of Yogya.ai (or any portion thereof) with or without notice. You agree that We will not be liable to You or to any third party for any such modification, editing, deletion, suspension or discontinuance of Yogya.ai.
- These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by You but may be assigned by the Company without restriction.
- The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the Parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.
- These Terms are governed by the laws of India. Any matters arising under these terms shall be subject to the exclusive jurisdiction of the courts located in Bangalore.
13. Grievance Officer
In case of any grievance arising from the use of Yogya.ai, please contact the Grievance Officer, the details of which are set forth below.