TERMS AND CONDITIONS OF USE
before You browse the Site or use the services, softwares and databases made available on or through the Site.
This Site and services, softwares and databases made available on or through the Site, are offered to You conditioned on Your acceptance,
do not access Site and/or use the services, softwares and databases made available on or through the Site.
If You are not of the legal age to form a binding contract in Your jurisdiction or are otherwise incapacitated from
forming a binding contract, please do not use the Site or the Services, unless legally authorized by a person who is of the
1. Key Terms
1.2 "Fee" means any payment required to be made by the User for the access of the Site or any part thereof, of for continued and ongoing use of Services rendered by the Yavvy.
1.3 "Member" means any person who completes Registration to become a member of the Site that entitles such person to use any facility made available only to a Member or any class of them.
1.4 "Partners" means and includes the associates, affiliates, partner organizations or other organizations, with which Yavvy has tie-ups.
1.5 "Password" means a password or other unique identification code provided to a Member to enable such Member to access his/her/its account maintained at the Site, or any other facility of the Site made available to a restricted class of Users.
1.6 "Yavvy" means Research Endeavors Solutions India LLP LLP, a limited liability partnership incorporated under the [Indian] Limited Liability Partnership Act, 2008 with its registered office at 36, Sukhdev Vihar, New Delhi- 110025 or any of its successor and assigns, that owns the Site.
1.7 "Services" means Your use, upon Registration, of any of the products, softwares or services offered by Yavvy, whether such Services are rendered on or through the Site.
1.8 "User" or "You" (and its grammatical variations) means any person who browses the Site or uses any of the facilities available on the Site, including the Services, whether as a Member or otherwise.
1.9 "User Content" means information, document, video, audio, software, comment, chat or any other content uploaded or posted by a Member on the Site.
4. Use of the Site Generally
4.1 The information contained in various pages of the Site, unless otherwise indicated, is issued by Yavvy, for general distribution. Unless indicated otherwise, Yavvy has the exclusive copyright on all such information.
4.3 You shall not attempt to interfere with any service provided to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "spamming", "mailbombing" or "crashing". You shall further make no attempt of forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
5. Registration and creation of profiles
5.1 For use of certain areas or facilities of the Site (including the Services), You may be required to complete the process of Registration (including payment of Fee, if any) to become a Member. On completion of the Registration, Members will be entitled to a ‘user name’, and a Password to access the Account. Each Member agrees to keep and guard the Password made available to him/her for his/her account as confidential information. The Member will be solely responsible, if his/ her account is accessed by any person other than the Member concerned, on account of carelessness or negligence to protect and guard the Password, or for any other reason whatsoever.
5.2 The Members agree to,
5.2.1 provide accurate, current and complete information at the time of Registration; and
5.2.2 review, maintain, correct, and update such information in a timely manner to maintain its accuracy and completeness at all times, by using the means allowed for updating the relevant information or, when appropriate, by contacting Yavvy.
5.3 Members acknowledge that Yavvy in its sole discretion may demand additional information from the Member or any other User (including any information that may have been indicated as optional in the Registration process). Subject to its confidentiality policy, Yavvy may also demand from You the access to the information that may have been locked (i.e. hidden from public view) by You, if in its sole discretion such information is necessary; failing which the Member or the User, as the case may be, hereby authorizes Yavvy to obtain access to such locked or confidential information of the Member or User.
5.4 Without prejudice to the generality of the power that Yavvy may have, if Members provide (or Yavvy has reasonable grounds to believe that any Member has provided) any information that is inaccurate, not current, or incomplete; Yavvy may, (i) suspend or terminate such Member’s access to the Site or any area thereof, (ii) terminate any benefits or services rendered or to be rendered by Yavvy to such Member, in addition to exercising all other rights and remedies allowed under law.
5.5 Each Member agrees that all use of the Password established for such Member during Registration or any other similar process, shall be deemed to be a use by such Member. Yavvy may rely upon any use of the Password as such as a use made by the Member concerned, even if the Password has in fact been used by someone else. Each member User agrees to notify Yavvy immediately of any actual or suspected unauthorized use of his/her Password or account or other breach of security at email address.
5.6 The "Service Period" for the use of a Service provided by the Site shall begin and end on the dates indicated by Yavvy to You upon Registration, renewal, verification or otherwise. The Service may automatically deactivate and become non-operational at the end of the Service Period, and You will not be entitled to receive any feature or content updates of the Service, unless the Service Period is renewed.
6. Payment of Fee
6.2 Yavvy shall endeavour to provide the User/Member with facilities/gateways to pay the Fee, if any, through credit cards, debit cards, internet-banking, demand drafts, pay orders, cheques, cash cards, phone call or any mode of payment as may be deemed fit by Yavvy from time to time.
6.3 The User and the Members agree and acknowledge that the Services shall only commence after realization of money in the accounts of Yavvy. Refund if any will be at the sole discretion of Yavvy. Yavvy offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching Users card/bank account.
6.5 It is acknowledged and agreed by the User that in no event whatsoever, Yavvy shall take any responsibility or liability for malfunctioning or defect in any payment procedure. Payment of the Fee shall be the sole responsibility of the User.
6.6 It is acknowledged and agreed by the User that Yavvy further reserves the right to alter any and all Fees from time to time, without notice.
6.7 The User shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the Services through the Site.
7. Suspension and termination of Service
7.2 If any monies payable by the Member to the Yavvy are not paid on the due date, Yavvy may without prejudice to any other rights or remedies that may be available to it, suspend the Service provided to such Member.
7.3 Notwithstanding suspension of Service under clause 7.1 above, the Member shall continue to be liable for all charges and fee notwithstanding such suspension.
7.4 Upon subsequent payment by the Member of such monies as demanded by the Yavvy, Yavvy may at its discretion and subject to such terms as it deems proper, reconnect the Service.
7.6 Following the suspension or termination of the Services under this Clause 7,
7.6.1 the data stored to the online backup space provided to a Member for the use of Services will be at risk of being purged;
7.6.2 Yavvy shall not be obligated to maintain such data, forward such data to the Member or a third party, or migrate such data to another backup service or account; and
7.6.3 the Member will not be able to store data to any additional backup space unless and until the Service provided by Yavvy to the Member is renewed.
8. Technical and other Service Support
8.1 The Service may include certain communications from Yavvy, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide You total privacy, we also provide You the option of opting out from receiving newsletters from us. However, You cannot opt out of receiving transactional emails related to Your account with Yavvy in relation to the Service.
8.2 In connection with the use of Services, a Member may choose to access certain technical support features that may be offered from the Site within the Services, which may include live chat with a technical support agent and/or assistance from a technical support agent via remote computer access ("Technical Support"). Any such Technical Support shall be provided in Yavvy’s sole discretion without any guarantee or warranty of any kind. Further, the Member acknowledges and agrees that in the course of providing the Technical Support, Yavvy may determine that the technical issue is beyond the scope of the Technical Support. Yavvy in such a situation reserves the right to refuse, suspend or terminate any of the Technical Support in its sole discretion.
9. Restrictions on the use of Site or the Services
9.1 You shall not:
9.1.1 modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site or through the Service;
9.1.2 reverse engineer, decompile, disassemble, translate, make any attempt to discover the source code of any software or create derivative works from the software used by Yavvy for maintaining the Site or for rendering the Services; and
9.1.3 use the Site or the Services in any manner that is not permitted by Yavvy.
User Generated Content
9.2 Each Member/User may upload or post User Content on the Site, either as part of his/ her profile or otherwise. When a Member/User provides User Content, such Member:
Explanation: For the purposes of this Clause, "adverse consequence" means a restriction governing the User Content which could be triggered if Yavvy or others exercise a right under the license that the Member/User grants hereunder to Yavvy or other Users; and which imposes an obligation, liability or impairment of rights on Yavvy or others that has not been conspicuously disclosed by the Member/User before exercise of a right.
9.4 Members/Users agree not to upload, post or otherwise transmit through the Site any content or any other material whatsoever that is or could appear to:
9.4.1 be defamatory, libelous, threatening, abusive, obscene, invasive to another person's privacy or protected data, or tortuous;
9.4.2 be infringing upon anyone's intellectual property rights, including any patent, trademark, trade secret, copyright, or right of publicity;
9.4.3 promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
9.4.4 that is false of misleading;
9.4.5 contain any software viruses or any other harmful computer code, files, or programs, designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or
9.4.6 be in violation of any applicable license, law or contractual or fiduciary duty or provision (including by exercise of the rights Members grant to Yavvy and others hereunder).
10 Yavvy rights on the Site’s content
10.1 Unless indicated otherwise, all contents (including software, text, images, graphics, video and audio) present on this Site are the exclusive property of Yavvy. No material from this Site, including the User Content, may be copied, modified, reproduced, republished, uploaded, transmitted, posted or distributed in any form without prior written permission from Yavvy, except that Yavvy grants You non-exclusive, non-transferable, limited permission to access and display the web pages within this Site, solely on Your computer and for Your personal, non-commercial use of this Site. This permission is conditioned on (i) Your not modifying the content displayed on the Site, (ii) Your keeping intact all copyright, trademark and other proprietary notices, (iii) Your acceptance of any terms, conditions and notices accompanying the content or otherwise set forth in this Site, (iv) Your agreeing to acknowledge Yavvy as the source, citing the uniform resource locator (URL) of the page from which the information has been taken.
10.2 Reproduction or translation of substantial portions of the Site, or any use, requires explicit, prior authorization of Yavvy in writing. Yavvy hereby authorizes the Member responsible for generating the User Content to give authorization for use. For such purpose, each Member shall conspicuously display in the User Content the contact details, including an email address for granting such authorization. Applications for permission and enquiries, with necessary details, should be addressed to the contact address indicated in the User Content for the page used. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access or other use from this Site with their own license terms, conditions, and notices will be governed by such terms, conditions and notices.
11 Links to third party sites
The links on the Site will let You migrate from Site. All such linked websites may not be under the control of Yavvy and Yavvy is not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites. Yavvy is not responsible for webcasting or any other form of transmission received from any linked website. Yavvy is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Yavvy of such linked website.
Linking to the Site
All links to the Site must be approved in writing by Yavvy, except that Yavvy consents to links in which the link and the pages that are activated by the link do not (i) create frames around any page on this Site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (ii) misrepresents Your relationship with Yavvy; (iii) imply that Yavvy approves or endorses You, Your website or Your service or product offerings; and (iv) present false or misleading impressions about Yavvy or otherwise damage the goodwill associated with the Yavvy’s name and/or trademarks. As a further condition to being permitted to link to this site, You agree that Yavvy may at any time, in its sole discretion, terminate permission to link to this website. In such event, You agree to immediately remove all links to this website and to cease using any trademarks owned by Yavvy.
User’s right to privacy
11.1 Yavvy may collect information that can identify You ("Personal Information"), such as Your name and email address, Your preferences, Your phone numbers, when You (or other users) provide it to Yavvy while visiting the Site through enrolment or in some other manner. Yavvy may also collect other types of information, when You visit the Site, in, inter alia, the following manner:
11.1.1 by collecting the information, such as Your IP address, Your browser type, date and time of Your visit; for the purpose of tracking Users' movements around the Site and understanding usage trends;
11.1.2 by assigning one or more cookies to Your computer, which may collect information to facilitate access to the Site and to personalise Your online experience.
11.2 You understand that any Personal Information or other information collected by Yavvy may, with Your consent, be shared with Partners. Yavvy shall not be liable for the use of the Personal Information or other information by such Partners.
Copyright Dispute Policy
It is Yavvy's policy to block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or Users; and remove and discontinue Services to repeat offenders.
If You believe that Your copyrighted material or content is posted, uploaded or made accessible through the Site or Services, please inform the Designated Agent of such material or content and provide us with the following information to ("Bona Fide Infringement Notification"):
details of the ownership of the copyright and if applicable, a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
details of works or materials that You believe are being infringed;
identification of the material or content on the Site that is claimed to be infringing Your copyrighted works including information regarding the location of such materials with sufficient detail to enable Yavvy to find and verify such materials;
Your contact information including address, telephone number and, if available, email address;
a statement by You that You have a bona fide belief that the publication or uploading of the copyrighted material has not been authorized by either by (a) the copyright owner; (b) his authorised agent, or (c) the law; and
a statement by You setting out either that You are the owner of the copyrighted work or have been authorised by the owner to communicate with Yavvy with regard to the use, publication, uploading of the copyrighted work on the Site.
11.4 Once Yavvy has received a Bona Fide Infringement Notification, Yavvy shall have the right to, at its sole discretion, to
11.4.1 remove or disable access to the material claimed to having breached the notifier's copyrighted works; and
11.4.2 notify the content provider, member or user that it has removed or disabled access to the material.
11.5 If the content provider, Member or User believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, Member or User believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, Member or User must send a counter-notice containing the following information to the Designated Agent:
11.5.1 a physical or electronic signature of the content provider, Member or User;
11.5.2 identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
11.5.3 a statement that the content provider, Member or User has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
11.5.4 the provider's, member's or user's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the competent court in Delhi.
11.6 If a counter-notice is received by the Designated Agent, Yavvy may send a copy of the counter-notice to the original complaining party informing him/her that it may replace the removed material or disable access to it in 10 business days. Unless a court of competent jurisdiction gives direction against removal of such material,
the removed material may be replaced or access to it restored at any time at the sole discretion of Yavvy, after receipt of the counter-notice.
11.7 It is clarified that the role of Yavvy is to facilitate consultation among the Users and it shall not take responsibility or be liable for any
No liability for third party
If a Member or User enters into correspondence or engage in commercial transactions with third parties in connection with the use of the Site or the Services, such activity would be solely between the Member/User and the third party. Yavvy shall have no liability, obligation or responsibility for any such activity.
No representation or warranty
18.1 Yavvy does not warrant: (1) that the Site or any of the Services, or any of the Services or Site’s functions or any content or software contained therein will be uninterrupted or error-free; (2) that defects will be corrected; (3) that the Site, Services or the servers hosting them are free of viruses or other harmful code; or (4) that the Site or Services or information available through the Site or Services will continue to be available. Yavvy disclaims any express or implied warranties, including, without limitation, non-infringement, merchantability, fitness for a particular purpose, and title. The Site and the Services, including, without limitation, all content, software, and functions made available on or accessed through or sent from the Site or as part of the Services, are provided on "as is," "as available" basis.
18.2 Your access to and use of the Site or the Services is at Your risk. If You are dissatisfied with the Site or the Services or any of the content, Your sole and exclusive remedy is to discontinue accessing and using the Site and the Services.
Disclaimer of Liability
11.8 Yavvy shall have no responsibility for any damage to User's computer system, mobile telephone, wireless device or loss of data that results from the download of any content, materials, and information from the Site. Yavvy provides no assurances that any reported problems will be resolved by Yavvy, even if Yavvy elects to provide information with the goal of addressing a problem.
11.9 If the Site provides links to websites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site, the User agrees that Yavvy is not responsible for the availability of, and content (including any tracking tools, such as cookies, enabled by such linked websites to collect information about computers used to view or interact with their advertisements) provided on, third party websites. You shall not use the Site for any unlawful purpose or in violation of any applicable law, regulation, international law or laws of any other country.
11.10 The User is requested to peruse the policies posted by other web sites regarding privacy and other topics before use. Yavvy is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and User shall bear all risks associated with the use of such content. Yavvy is not responsible for any loss or damage of any sort User may incur from dealing with any third party.
11.11 Yavvy shall not be liable, in any manner whatsoever, for (i) any use of information that may be posted by the User about himself/ herself or about any other person, if such information is accessible by any other User, or (ii) use, in any manner, of the Personal Information or other information that may be shared with a Partner, with the consent of the User. Yavvy may not be able to control or restrict the viewing of the content that has been posted on the Site by any User.
11.12 Any opinions, advice, statements, assistance, services, offers, or information expressed or made available by third parties, including Users, are those of the respective author(s) or distributor(s). Unless specified otherwise, the mention of specific companies, firms, manufacturer’s or other business enterprises or their products or services does not imply that they are endorsed or recommended by the Yavvy in preference to others of a similar nature that are not mentioned.
11.13 In providing Members the facility to upload User Content on the Site, Yavvy merely acts as a service provider providing web based platforms for use to its Members. Yavvy shall not be responsible for any User Content posted or uploaded on the Site.
13 Limitation of Liability
13.1 In no event will Yavvy be liable for damages of any kind, including without limitation, direct, incidental or consequential damages (including, but not limited to, damages for lost profits, business interruption and loss of programs or information) arising out of the use of or inability to use the Site, or any information provided on the Site, or in the products or services, any claim attributable to errors, omissions or other inaccuracies in the products or services or interpretations thereof. Some jurisdictions do not allow the limitation or exclusion of liability. Accordingly, some of the above limitations may not apply to the User.
13.2 The online services provided by Yavvy are provided on "as is" and "as available" basis and Yavvy shall not be liable for any downtime of the online services due to reasonable scheduled maintenance, any unplanned suspension of access to the site due to technical reasons, cyber-crash or due to any other factor beyond the reasonable control of Yavvy.
13.3 Notwithstanding anything to the contrary contained herein, Yavvy's maximum aggregate liability to user for any causes whatsoever, and regardless of the form of action, will at all times be limited to the amount paid, if any, by the user to Yavvy for the services in the 12 months prior to the action giving rise to liability.
User agrees to indemnify, defend and hold Yavvy harmless from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of or relating to any misuse by the User of the content of the Site and the Services provided on the Site. Further, User shall indemnify Yavvy against any liability, civil or criminal, arising out of or in connection with the data posted, transmitted or stored on the Site by You or in connection with Your usage of the Services.The User agrees and acknowledges that any data or material posted, transmitted or stored on the Site by the User or in connection with usage of the Services by User, has been done by the User out of his/her own free will, and Yavvy has neither authorized, connived, acquiesced or otherwise consented to such posting, transmission or storage.
13.4 Yavvy may collect information that can identify You ("Personal Information"), such as Your name and email address, Your preferences, Your phone numbers, when You (or other users) provide it to Yavvy while visiting the Site through enrollment or in some other manner. Yavvy may also collect other types of information, when You visit the Site, in, inter alia, the following manner:
13.4.1 by collecting the information, such as Your IP address, Your browser type, date and time of Your visit; for the purpose of tracking Users' movements around the Site and understanding usage trends;
13.4.2 by assigning one or more cookies to Your computer, which may collect information to facilitate access to the Site and to personalise Your online experience.
13.5 You understand that any Personal Information or other information collected by Yavvy may, with Your consent, be shared with Partners. Yavvy shall not be liable for the use of the Personal Information or other information by such Partners.
Effect of Termination
Governing Law and Jurisdiction
Address: 36, Sukhdev Vihar, New Delhi- 110025