PRIVACY POLICY

YASH INDIA-TERMS OF USE

Welcome to YASH INDIA Website/app. This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of YASH INDIA marketplace platform (hereinafter referred to as 'YASH INDIA') Your use of the YASH INDIA and services and tools are governed by the following terms and conditions ('Terms of Use') as applicable to the YASH INDIA including the applicable policies which are incorporated herein by way of reference. By mere use of the YASH INDIA, You shall be contracting with YASH INDIA and these terms and conditions including the policies constitute your binding obligations, with YASH INDIA.

For the purpose of these Terms of Use, wherever the context so requires 'You' or 'User' shall mean any natural or legal person who has agreed to become a buyer on the YASH INDIA by providing Registration Data while registering on the YASH INDIA as Registered User. The term 'YASH INDIA','We','Us','Our' shall mean YASH INDIA and its affiliates.

"When You use any of the services provided by Us through the YASH INDIA, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the YASH INDIA following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the YASH INDIA. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by YASH INDIA Policies including but not limited to Privacy Policy as amended from time to time."

USER ACCOUNT, PASSWORD, AND SECURITY

"If You use the YASH INDIA website/app, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete, we shall have the right to indefinitely suspend or terminate or block access of your membership on the YASH INDIA website/app. You agree to (a) immediately notify YASH INDIA of any unauthorized use / breach of your password or account and (b) ensure that you exit from your account at the end of each session."

SERVICES OFFERED

"YASH INDIA provides a number of Internet-based services through the YASH INDIA website/app. One such Service enables Users to purchase original merchandise such as shawls, bedspreads, bed sheets, curtains, cushion covers, carpets, furnishing, upholstery  products etc  from various fashion and lifestyle brands (collectively, 'Products') of YASH INDIA. The Products can be purchased through the YASH INDIA through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. (which are found on the FAQ tab in the YASH INDIA and all of which are incorporated here by reference). In addition, these Terms of Use may be further supplemented by Product specific conditions, which may be displayed with that Product."

"YASH INDIA does not warrant that Product description or other content of YASH INDIA is accurate, complete, reliable, current, or error-free and assumes no liability in this regard."

PLATFORM FOR TRANSACTION AND COMMUNICATION

The YASH INDIA website/app is a platform that Users utilize to meet and interact with one another for their transactions. YASH INDIA is not and cannot be a party to or control in any manner any transaction between the YASH INDIA's Users. Henceforward:

1. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. YASH INDIA does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
2. YASH INDIA does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the YASH INDIA website/app.
3. YASH INDIA is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. YASH INDIA cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the YASH INDIA website/app.
4. At no time shall YASH INDIA hold any right, title or interest over the products nor shall YASH INDIA have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers.
5. The YASH INDIA website/app is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. YASH INDIA is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall YASH INDIA hold any right, title or interest over the products nor shall YASH INDIA have any obligations or liabilities in respect of such contract. YASH INDIA is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
6. Pricing on any product(s) as is reflected on the YASH INDIA website/app may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
7. You release and indemnify YASH INDIA and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the YASH INDIA and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, YASH INDIA cannot take responsibility or control the information provided by other Users which is made available on the YASH INDIA.

USER CONDUCT AND RULES ON THE YASH INDIA

You agree, undertake and confirm that your use of YASH INDIA website/app shall be strictly governed by the following binding principles:

1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
   1. belongs to another person and to which You do not have any right to;
   2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
   3. is misleading in any way;
   4. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
   5. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
   6. infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
   7. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
   8. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
   9. contains video, photographs, or images of another person (with a minor or an adult).
   10. tries to gain unauthorized access or exceeds the scope of authorized access to the YASH INDIA or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the YASH INDIA or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
   11. interferes with another USER's use and enjoyment of the YASH INDIA or any other individual's User and enjoyment of similar services;
   12. infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
   13. violates any law for the time being in force;
   14. 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 is insulting any other nation;
   15. shall not be false, inaccurate or misleading;
   16. shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
2. We on certain landing page even allow our Users to experience free exchange of ideas and observations regarding interest in the field of furnishing and upholstery, including 'viewing user generated content' and/or 'videos' and 'posting comments'. By accessing, viewing and/or posting any user generated content to any specific dedicated page on the YASH INDIA, you accept and consent to the practices described in these 'Terms of Service' and 'Privacy Policies', as well as any other terms of prescribed by the YASH INDIA. You agree and undertake that when accessing, viewing and/or posting any user generated content on these pages You will not imitate, abuse, harass, any Customer/User or violate and exploit, any of these 'Terms of Service' of the YASH INDIA.
3. 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 YASH INDIA website/app or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the YASH INDIA website/app or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the YASH INDIA. We reserve our right to bar any such activity.
4. You shall not attempt to gain unauthorized access to any portion or feature of the YASH INDIA website/app, or any other systems or networks connected to the YASH INDIA or to any server, computer, network, or to any of the services offered on or through the YASH INDIA, by hacking, password "mining" or any other illegitimate means.
5. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity
6. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under 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, GST, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
7. From time to time, you shall be responsible for providing information relating to the products or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
8. You shall not engage in advertising to, or solicitation of, other Users of the YASH INDIA to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the YASH INDIA website/app or related to us.
1. The Content posted does not necessarily reflect YASH INDIA views. In no event shall YASH INDIA assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the YASH INDIA website/app. You hereby represent and warrant that you have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
10. YASH INDIA hereby disclaims any guarantees of exactness as to the finish, appearance, size, color etc., of the final Product as ordered by the User. YASH INDIA Return & Exchange Policy does offers you the option to return or exchange items purchased on YASH INDIA website/app within seven (7) days of the receipt. In case of return of the purchased item, please refer to the "Return Policy" on our YASH INDIA website/app.

CONTENTS POSTED ON YASH INDIA

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and YASH INDIA has no control over such third party user generated content as YASH INDIA is merely an intermediary for the purposes of this Terms of Use. Such Content will become our property and you grant us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide.

You may use information on the products and services purposely made available on the YASH INDIA for downloading, provided that You

1. do not remove any proprietary notice language in all copies of such documents,
2. use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
3. make no modifications to any such information, and
4. do not make any additional representations or warranties relating to such documents.

DISCLAIMER OF WARRANTIES AND LIABILITY

All the materials and products (including but not limited to software) and services, included on or otherwise made available to you through YASH INDIA 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 forgoing paragraph, YASH INDIA does not warrant that: YASH INDIA will be constantly available or available at all; or The information on YASH INDIA is complete, true, accurate or non- misleading. All the Products sold on YASH INDIA are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You. You will be required to enter a valid phone number while placing an order on the YASH INDIA. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.

INDEMNITY

You shall indemnify and hold harmless YASH INDIA, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

TRADEMARK, COPYRIGHT AND RESTRICTION

YASH INDIA is controlled, operated and all products are sold by YASH INDIA. All material on YASH INDIA, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on YASH INDIA is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material 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 the prior written consent of the owner, modification of the materials, use of the materials on any other YASH INDIA or networked computer environment or use of the materials 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 this clause. It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of Our various Service. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purpose.

LIMITATION OF LIABILITY

In no event shall YASH INDIA be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:

1. the use or the inability to use the Services or Products;
2. unauthorized access to or alteration of the user's transmissions or data;
3. breach of condition, representations or warranties by the manufacturer of the Products
4. any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the YASH INDIA or Service. YASH INDIA shall not be held responsible for non- availability of the YASH INDIA during periodic maintenance operations or any unplanned suspension of access to the YASH INDIA. The User understands and agrees that any material and/or data downloaded at YASH INDIA is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, YASH INDIA's liability shall be limited to an amount equal to the Products purchased value bought by You. YASH INDIA shall not be liable for any dispute or disagreement between Users

TERMINATION

1. YASH INDIA may suspend or terminate your use of the YASH INDIA or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until YASH INDIA chooses to terminate them.
2. If You or YASH INDIA terminates your use of the YASH INDIA or any Service, YASH INDIA may delete any content or other materials relating to your use of the Service and YASH INDIA will have no liability to you or any third party for doing so. However, your transactions details may be preserved by YASH INDIA for purposes of tax or regulatory compliance.
3. You shall be liable to pay for any Service or Product that you have already ordered till the time of Termination by either party whatsoever.
4. If YASH INDIA unilaterally terminates Your account without any reason then any applicable cash back or wallet amount (if any) shall be refunded to You.

JURISDICTIONAL ISSUES/SALE IN INDIA ONLY

Unless otherwise specified, the material on the YASH INDIA is presented solely for the purpose of sale in India. YASH INDIA makes no representation that materials in the YASH INDIA are appropriate or available for use in other locations/Countries other than India. Those who choose to access YASH INDIA from other locations/Countries other than India do so on their own initiative and YASH INDIA is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

GOVERNING LAW

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Thane. The place of jurisdiction shall be exclusively in Thane.

HAVE ANY QUESTIONS?

                Write us at [email protected] or call us on +91 80 22252441