Terms of Use

 

TERMS OF USE
 


This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is 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 Website. This electronic record is generated by a computer system and does not require any physical or digital signatures. By registering at or merely browsing on Our Website/Mobile Application.

You have agreed to be bound by all of these Terms and Conditions of Service for use and access of the Site.

PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE TERMS AND CONDITIONS BEFORE YOU USE ANY OF THE SERVICES OFFERED ON THE SITE, BECAUSE YOU SHALL BE BOUND BY ALL THE TERMS AND CONDITIONS CONTAINED HEREIN. If You do not accept any of the Terms and Conditions, then please don’t use the Website/Mobile Application or avail any of the Services being provided therein. YOU AGREEING TO THESE TERMS AND CONDITIONS SHALL OPERATE AS A BINIDNG AGREEMENT BETWEEN YOU AND YETAV IN RESPECT OF THE SERVICES OFFERED/AVAILED USING THE WEBSITE/MOBILE APPLICATION.
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 use the Website/Mobile Application by entering into the services for availing the Services of YETAV.
The terms and conditions is written in English and is the complete and exclusive agreement between the You and YETAV regarding the usage of this Website/Mobile Application, YETAV . By clicking or entering into the Website/Mobile Application or any other device or using the website through any medium of connectivity and communication and or dealing in any manner whether commercial or non-commercial, You agree to be bound by the terms of the terms and conditions as stated hereinafter:



Article 1: INTERPRETATION


1.1     Any reference to the singular includes a reference to the plural and vice versa, unless explicitly provided for otherwise; and any reference to the masculine includes a reference to the feminine and vice versa.

1.2     Headings and captions are used for convenience only and will not affect the interpretation of these T&Cs.

1.3     Any reference to a natural person will, unless repugnant to the context, include his heirs, executors and permitted assignees. Similarly, any reference to a juristic person such as YETAV and/or ZAPAPP SOLUTIONS PRIVATE LIMITED will, unless repugnant to the context, include its affiliates, successors and permitted assignees.

1.4     For the purpose of these T&Cs wherever the context so requires "You" or "User" shall mean any natural or legal person who accesses the Site, including holders of YETAV Account which allows its customers to use the services using YETAV Platform. The term "We", "Us", "Our" shall refer to YETAV.

1.5     ZAPAPP SOLUTIONS PRIVATE LIMITED (“YETAV”) is the author and publisher of the internet resource www.yetav.com and the mobile application ‘YETAV’ (together, “Website/Mobile Application”). YETAV owns and operates the services provided through the Website/Mobile Application.


ARTICLE 2: NATURE AND APPLICABILITY OF TERMS


2.1     Please carefully go through these terms and conditions (“Terms”) and the Privacy Policy available at https://www.yetav.com (“Privacy Policy”) before you decide to access the Website/Mobile Application or avail the services made available on the Website/Mobile Application by YETAV.
These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and YETAV in connection with your visit to the Website/Mobile Application and your use of the Services (as defined below).
The Agreement applies to you those who avail the services made available by YETAV on the Website/Mobile Application, which are offered to the Users (“Services”).
The Services may change from time to time, at the sole discretion of YETAV, and the Agreement (including revised agreement at any given point of time) will apply to your visit to and your use of the Website/Mobile Application to avail the Service, as well as to all information provided by you on the Website/Mobile Application at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website/Mobile Application and describes the manner in which we shall treat your account.
If you have any questions about any part of the Agreement, feel free to contact us at support@yetav.com. By downloading or accessing the Website/Mobile Application to use the Services, you irrevocably accept all the conditions stipulated in this Agreement and agree to abide by them.
This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website/Mobile Application to avail the Services.
By availing any Service, you signify your acceptance of the terms of this Agreement. YETAV reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing, You should read the Agreement at regular intervals on Website/Mobile Application.
Your use of the Website/Mobile Application following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us.
If you do not agree with any part of the Agreement, please do not use the Website/Mobile Application or avail any Services.
Your access to use of the Website/Mobile Application and the Services will be solely at the discretion of YETAV.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to: the Indian Contract Act, 1872,the (Indian) Information Technology Act, 2000, and the rules, regulations, guidelines and clarifications framed there under,
including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).


ARTICLE 3: CONDITIONS OF USE

3.1     You must be 18 years of age or older to register, use the Services, or visit or use the Website/Mobile Application in any manner. By registering, visiting and using the Website/Mobile Application or accepting this Agreement, you represent and warrant to YETAV that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website/Mobile Application and the Services available through the Website/Mobile Application, and agree to and abide by this Agreement.


ARTICLE 4: FLOWCHART OF SERVICE CAN BE USED

Visit at https://yetav.com/feature.html

ARTICLE 5: RIGHTS AND OBLIGATIONS RELATING TO CONTENT


5.1     YETAV hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

(a) belongs to another person and to which the User does not have any right to;

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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;harm minors in any way;infringes any patent, trademark, copyright or other proprietary rights;violates any law for the time being in force;deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;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.

5.2     Users are also prohibited from violating or attempting to violate the integrity or security of the Website/Mobile Application or any YETAV Content; transmitting any information (including job posts, messages and hyperlinks) on or through the Website/Mobile Application that is disruptive or competitive to the provision of Services by YETAV; intentionally submitting on the Website/Mobile Application any incomplete, false or inaccurate information; making any unsolicited communications to other Users; using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website/Mobile Application; attempting to decipher, decompile, disassemble or reverse engineer any part of the Website/Mobile Application; copying or duplicating in any manner any of YETAV Content or other information available from the Website/Mobile Application; raming or hot linking or deep linking any YETAV Content; circumventing or disabling any digital rights management, usage rules, or other security features of the Software.


5.3     YETAV upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Sub-Article 5.1 and 5.2. YETAV shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.

5.4     In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, YETAV has the right to immediately terminate the access or usage rights of the User to the Website/Mobile Application and Services and to remove non-compliant information from the Website/Mobile Application.

5.5     YETAV may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit YETAV to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by YETAV as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between YETAV or any person on its behalf and the User or where the User has consented to data transfer.

5.6     YETAV respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights


ARTICLE 6: TERMINATION


6.1     YETAV reserves the right to suspend or terminate a User’s access to the Website/Mobile Application and the Services with or without notice and to exercise any other remedy available under law, in cases where, such User breaches any terms and conditions of the Agreement; A third party reports violation of any of its right as a result of your use of the Services; YETAV is unable to verify or authenticate any information provided to YETAV by a User; YETAV has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or YETAV believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for YETAV or are contrary to the interests of the Website/Mobile Application.

6.2     Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website/Mobile Application under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website/Mobile Application by such User.


ARTICLE 7: LIMITATION OF LIABILITY


7.1     In no event, including but not limited to negligence, shall YETAV, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website/Mobile Application or the content, materials and functions related thereto, the Services, User’s provision of information via the Website/Mobile Application, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website/Mobile Application;any unauthorized access to or alteration of your transmissions or data; or any other matter relating to the Website/Mobile Application or the Service. In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website/Mobile Application or the Services exceed, in the aggregate Rs. 1,000/- (Rupees One Thousand Only).


ARITCLE 8: RETENTION AND REMOVAL


8.1    YETAV may retain such information collected from Users from its Website/Mobile Application or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.


ARITCLE 9: APPLICABLE LAW AND DISPUTE SETTLEMENT


9.1    You agree that this Agreement and any contractual obligation between YETAV and User will be governed by the laws of India.

9.2    Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website/Mobile Application or the Services or information to which it gives access, shall be determined by arbitration in India, before a Sole Arbitrator appointed by YETAV. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be at Mumbai. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

9.3    Subject to the above Sub-Article 9.2, the courts at Mumbai shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website/Mobile Application or the Services or the information to which it gives access.


ARTICLE 10: CONTACT INFORMATION GRIEVANCE OFFICER


10.1    If a User has any questions concerning YETAV, the Website/Mobile Application, this Agreement, the Services, or anything related to any of the foregoing, YETAV customer support can be reached at the following email address: support@yetav.com or via the contact information available from the following hyperlink: www.yetav.com

10.2    In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website/Mobile Application or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at Email: support@yetav.com. In the event you suffer as a result of access or usage of our Website/Mobile Application by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.


ARTICLE 11: SEVERABILITY AND WAIVER


11.1    If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

11.2    No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by YETAV. Any consent by YETAV to, or a waiver by YETAV of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.


ARTICLE 12: LIABILITY DISCLAIMER


12.1    YETAV will not be responsible for any damages or loss, which you may suffer. YETAV makes no warranties of any kind, expressed or implied for services YETAV provides. YETAV disclaims any warranty or merchantability or fitness for a particular purpose, this includes loss of data resulting from delays, non- deliveries, wrong delivery, and any and all service interruptions caused by YETAV and its employees, franchisees, merchants or affiliates.

12.2    YETAV makes no representation or warrants as to the suitability, authenticity, capability, capacity, wear and tear, fitness, quality or quantity or otherwise of the services bought through the website of YETAV and is not under any obligation to update the materials. YETAV does not endorse or warrant the quality, merchantability, efficiency and suitability of the information herein. YETAV may modify, amend, delete, add to or replace any of the materials at any time without notice. You shall be solely responsible for ensuring that materials downloaded or copied by you contain the full relevant text, do not have any copy error or omissions, and are not used out of context.

12.3    YETAV disclaims all warranties and conditions, express or implied with regard to the materials including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. YETAV shall not under any circumstances be liable for any special or consequential damages or any other damages whatsoever, arising directly or indirectly from or in connection with the use of or reliance upon any of the materials. Some jurisdictions may not allow the exclusion of some or all of these implied warranties, so the above exclusion may not apply to you.

12.4    Any comments or response received by YETAV on the materials shall be deemed non-confidential and YETAV shall be free, without obligation of any kind, to reproduce, use, disclose, transform, develop and distribute any information, ideas, concepts or know-how contained in such comments or response for any purpose whatsoever, without any notice or consideration to you. The information received by you in the website shall be sufficient consideration.

12.5    All information, software, products, services and related graphics are provided "AS IS" without warranty of any kind. YETAV hereby disclaim all warranties and conditions with regard to this information, software, goods, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.

12.   6 This site may contain links to other web sites operated by third parties ("linked sites"). you acknowledge that, when you click on a link to visit a linked site, a frame may appear that contains YETAV advertisements and/or other content selected by YETAV. YETAV states that they neither endorse nor are affiliated with the linked site and are not responsible for any content of any linked site or any link contained in a link site, or any changes or updates to such sites. You also acknowledge that YETAV is providing these links to you only as a convenience.

12.7    You specifically agree that YETAV shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through a YETAV /service. You specifically agree that YETAV is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that YETAV is not responsible for any content sent using and/or included in YETAV /service by any third party.

12.8    In no event shall YETAV will be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever 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 YETAV for services availed by you.

12.9    Use of YETAV is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. you agree to indemnify and hold YETAV, its subsidiaries, affiliates, directors, employees and officers, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the YETAV. YETAV reserves the right to disclose any personal information about you or your use of YETAV, including its contents, without your prior permission if YETAV has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of YETAV or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its User/s or others. YETAV performance of this agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of YETAV's right to comply with governmental, court and law enforcement requests or requirements relating to your use of YETAV or information provided to or gathered by YETAV with respect to such use.


ARTICLE 13: IF OUR BUSINESS IS SOLD


13.1    We will transfer your personal information to a third party:

13.1.1    if we sell or buy any business or assets, we will provide your personal information to the seller or buyer (but only to the extent we need to, and always in accordance with data protection legislation); or 13.1.2 if YETAV or the majority of its assets are acquired by somebody else, in which case the personal information held by YETAV will be transferred to the buyer.

13.2    We process your personal information for this purpose because we have a legitimate interest to ensure our business can be continued by the buyer. If you object to our use of your personal information in this way, the relevant seller or buyer of our business may not be able to provide services to you. In some circumstances we may also need to share your personal information if we are under a duty to disclose or share it to comply with a legal obligation


ARTICLE 14: MATTERS OUTSIDE OF OUR CONTROL (FORCE MAJEURE)


14.1    Neither party shall be liable for any failure to perform its obligations under these Terms and Conditions of Use if such failure results from circumstances which could not reasonably be contemplated at the time of entering into these Terms and Conditions of Use and which are beyond the parties’ reasonable control (including, without limitation, strikes, lock-outs or other industrial disputes (involving the workforce of YETAV), failure of a utility service or transport network, war, riot, civil commotion, terrorism, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers or sub-contractors). If a force majeure event continues for a period of 30 days or more, either party may terminate these Terms and Conditions of Use immediately by providing the other party with written notice


ARTICLE 15: ABUSING YETAV


15.1    YETAV along with its officers, employees, personnels work together to keep the YETAV websites, services, applications and tools working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.

15.2    Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users of YETAV if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the YETAV employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off YETAV or not, we do not have any obligation to monitor the information transmitted or stored on our sites, services, applications and tools and we do not accept any liability for unauthorized or unlawful content on YETAV or use of YETAV by users


ARTICLE 16: INTELLECTUAL PROPERTY


16.1    The Site contains copyright material, trademarks, and other proprietary information, all of which is individually and collectively protected by copyrights laws and other intellectual property laws in India and internationally. Except as part of the intended use of the Site, a Site user must not copy, distribute, make available, publicly perform, display or create any work based on such content, or exploit such content in any way, in whole or in part. Except for content provided by User/s, all of the content presented through the Site is owned by YETAV. All rights are hereby expressly reserved.

16.2    User recognises and accepts that YETAV reserves the right not to publish or to delete any review, any question, any comment or any response made or posted by a User on or through the Site if it deems its content breaches these Terms, or for any other reason which YETAV, in its sole discretion, determines.

16.3    The Site may provide links to other websites for information. YETAV has not reviewed these third party websites and has no control over such sites or resources. YETAV does not endorse or make any warranties or representations about them, or any material found there, or any results that may be obtained from using such sites


ARTICLE 17: LIABILITY OF YETAV


17.1    YETAV is a platform only and you are responsible for taking appropriate steps to investigate a registered user before you take a journey with them, and only do so if you are totally satisfied with their credentials, characteristics and who they say they are. We cannot and do not offer any assistance in these areas, and we will have no liability for any loss or damage you suffer in that regard.

17.2    We are not responsible if you cannot access our Website properly or at all because your ISP connection, the Internet generally or your browser software is inadequate or functioning badly, or if your ISP suspends or terminates their service to you, or because of any other event outside our control.

17.3    We do not guarantee the availability of our Website or that it will be bug-free or will work all the time.

17.4    Where our Website contains links to or information relating to other websites and third party products or services, these links are provided for your information only. We are not responsible for the content of these websites or products or services.

17.5    We exclude: (a) any responsibility for or liability arising out of any dealings you have with third parties that take place using or facilitated by our Website; and (b) any liability for losses which are not a foreseeable or likely consequence of your use of our Website, or of a breach of these Terms of Use.

17.6    We will not be liable for loss of business or revenue, loss of damage to reputation or goodwill, indirect, consequential or special loss over the entire period of your use of our Website.


ARTICLE 18: CONTRIBUTIONS TO YETAV


18.1    By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to YETAV through its suggestion or feedback webpages, forums or blog, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) YETAV is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) YETAV shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) YETAV may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of YETAV without any obligation of YETAV to you; and (f) you are not entitled to any compensation or reimbursement of any kind from YETAV under any circumstances.


ARTICLE 19: USAGE OF WEBSITE/MOBILE APPLICATION

19.1    The User/s is/are aware of the purpose of YETAV app and also share ensure the usage of the YETAV app. There is no information ever will be called by YETAV app unless you find any notification from YETAV to call for and incase if any such information being asked by anyone even from YETAV team, an email shall be sent to support@yetav,com stating the nature of call and documents called for. However, for recordial purpose we does call for license, RC book and insurance of Drivers who use the YETAV app by clicking on “I Own a Vehicle”.

 


ARTICLE 20: YETAV PROPRIETARY RIGHTS


20.1    You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by YETAV or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part


ARTICLE 21: NO LEGAL RELATIONSHIP


21.1    These Terms of Use and your use of the Service, including the submission of Content onto the Service, do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto. Your use of the Service is intended for your enjoyment and benefit and the provision of the Service to you (subject to your compliance with these Terms) constitutes the sole and sufficient consideration that you are entitled to receive for any Content or other contributions you have made to YETAV Service, its contents, maps and any other data.


ARTICLE 22: CONTACTING USERS


22.1    By accepting the terms and conditions contained herein, every User/s hereby agrees and gives consent to YETAV to communicate via phone calls, SMS, email and such other means as YETAV may deem fit. Such communications to User/s may be recorded through technical support provided by third parties for the purpose of training, quality and for regularly updating the User/s about the services of YETAV.


ARTICLE 23: NO COMMERCIAL ACTIVITY AND STATUS OF YETAV


23.1    The Services are strictly limited to providing a Service for Users (including Co-Travelers) either by Car-Owners and/or Drivers in a private capacity without YETAV having any role in the same. The Services shall not be used to offer or accept car sharing for hire or reward or for profit or in any commercial or professional context. The Services may be used only to offer or accept car sharing in exchange for sharing the cost of the trip between the car-owner and the co-traveler.

23.2    User/s are reminded that using the Services and offering Trips for hire or reward or in a commercial or professional capacity may invalidate a Car Owner’s insurance and invite adverse legal actions by the road transport authorities. YETAV shall not be in for any loss or damage incurred by a User/s as a result of any or breach by a User/s of these conditions including where any Car Owner (in breach of these terms) offers Services through the Site in a professional or commercial capacity. Any offering of Trips in violation of the conditions shall be at the sole risk such User/s and YEVTA shall have no liability towards User/s for such violations.


ARTICLE 24: SAFETY


24.1    YETAV cannot and does not ensure the lawful behaviour of the people exchanging information through its Mobile Application/web site. You take full responsibility for ensuring your personal safety when interacting with other people whom you meet through YETAV. Although we have no specific qualifications to advise you on issues of personal safety, the following practices are suggested as examples and illustrations of actions you could take to ensure your personal safety:
a)    You do not have to disclose your actual home address, work address and you do not even have to disclose your permanent email address to other users of YETAV;

b)    Your initial face-to-face contact with new people should be in a common, populated, public location;

c)    Verify the driver's license and car registration information of the other person's car. Obtain a copy of the driver’s insurance card or record the driver’s automobile insurance carrier and policy information.

d)    Carry a mobile or cell phone while driving or being driven in case of an emergency.

e)    If you are the driver, record the personal information of your riders.

f)    Maybe you can take a few pictures of your carpool partners and their cars. Give this information to your friends or family.

24.2    YETAV with an intention to provide all the best safety it can to its Users have also given an option of SOS button. By clicking on this button a message ‘I am in trouble’ will be sent to 3 guardians’ along with the location of the sender. Users can use this facility when they are in trouble. Users can save their three (3) best known colleagues/guardians numbers in setting option while editing the Profile.


ARTICLE 25: WHAT USERS CAN DO AS SAFETY MEASURES?


25.1    That the Trip shall not be for any fraudulent, unlawful or criminal activity

25.2    That they will comply with the Good Conduct Character at all times.

25.3    Avoid exchanging your full address before you’ve met someone. We will never share these details ourselves.

25.4    Make good use of the secure messaging on YETAV before your lift, and only agree to a lift if you’re happy.

25.5    Some Users choose to show each other their IDs - e.g. passports, student cards or driving licences - so they know they're travelling with the right person.

25.6    You’re never under obligation to take a lift. If you don’t feel comfortable, don’t go through with the lift – even if it’s been agreed.

25.7    It is always advisable to meet in a public place the first time. It’s always a good idea to let friends and family know your plans, too.

25.8    Provide true and accurate information in your ride postings and designate clear meeting places for your passengers;

25.9    Follow the indications and information you included in the ride postings

25.10    Arrive at the meeting place at least 5 minutes prior to the departure time defined in your ride posting

25.11    verify the identity of your passengers and make sure the passengers riding with you are the ones who reserved seats

25.12    be respectful of others and let YETAV know of any harmful or disrespectful behaviour by passengers

25.13    not to post rides with your YETAV account for anyone else other than yourself

25.14    make sure that the name of the driver and the car model, colour and license plate number correspond to the information that was relayed to you by YETAV

25.15    Communicate YETAV administrators if any party/user another user infringes on the Terms of Service


ARTICLE 26: GOOD FAITH CLAUSE


26.1    All participants in rideshare have the responsibility to ensure that the ride goes as smoothly as possible. A good-faith approach and adherence to the values of YETAV are required from all User/s, even if another User/s infringes on the terms of service. These values are: collaboration, care, and commitment to excellence.


ARTICLE 27: INDEMNITY


27.1    You acknowledge and accept that YETAV does not do any background checks on its users, cannot be responsible for the behaviour and personal conduct of its Users or any criminal acts committed by them before, during and after using the service, and does not verify or validate the veracity of the information submitted by its User/s. You are solely responsible for your own protection and safety when engaging and communicating with other community users. YETAV is not responsible for any loss or damage or personal injury, physical, psychological or material, direct or indirect, that you, another User/s or a third party may incur before, while and after using the service, by using any information on this mobile application/website, by the misuse of the service by other User/s or by information YETAV obtained by you or other User/s of the service.

27.2    You agree to indemnify and hold YETAV and its subsidiaries, affiliates, officers, employees, agents, co-branders, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.


ARTICLE 28: DESCRIPTION OF SERVICE


28.1    YETAV facilitates the pairing of passengers and drivers wanting to rideshare within the boundaries of India. The services offered by YETAV are accessible online at YETAV's website www.yetav .com or by mailing at support@yetav.com.

28.2    Pairing passengers and drivers: the information provided in the ride postings are not sufficient for passengers to communicate directly with the drivers; Passengers must first book one or more seats, depending on availability, and only then are they provided with (i) the details of the meeting place, (ii) the driver's identity, and the (iii) the details of the vehicle (model, make, color, license plate). Once the seat is booked, either by phone or online, the driver will also be able to know the identity of the passenger(s). Email addresses are kept confidential unless explicitly requested by the User/s concerned.

28.3    All potential new features released or updates to the services described above, or any services launched in the future will be also subject to these Terms and Conditions.

28.4    YETAV hereby grants you a free of charge, non-exclusive, time-limited, non-transferable, non-sub-licensable, revocable license to use the Service (including the Software) for non-commercial purposes, subject to these Terms.


ARTICLE 29: CHARGES


29.1    The Internet connection required to use the Service, and any associated charges (e.g. mobile data expenses) incurred by your use of the Service are your exclusive responsibility and made solely at your expense. Transmitting and receiving real-time updates to and from the Service, requires an online (e.g. Wi-Fi, 3G, 4G) connection between your cellular device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment.


ARTICLE 30: FORUM CHOICE


30.1    You being a consumer hereby with your own free consent agree to choose the Consumer Forum at Vashi, Navi Mumbai the place of jurisdiction for any of your consumer related issue and you agreeing to adhere to this clause

ARTICLE 31: USERS RESPONSIBILITIES


31.1    Each User is solely responsible for observing all laws, regulations and obligations applicable to their use of the Site and Service.

31.2    Each User undertakes:

31.2.1    not to use the Service for professional, commercial or profit-making purposes;

31.2.2    not to send YETAV or the other User/s any false, misleading, malicious or fraudulent information;

31.2.3    not to speak or behave in any way or post any content on the Site of a defamatory, injurious, obscene, pornographic, vulgar, offensive, aggressive, uncalled-for, violent, threatening, harassing, racist or xenophobic nature, or with sexual connotations, inciting violence, discrimination or hatred, encouraging activities or the use of illegal substances, or more generally contrary to the purposes of the Service, or that may infringe the rights of YETAV or a third party or contrary to good morals;

31.2.4    not to infringe the rights and image of YETAV, including its intellectual property rights;

31.2.5    not to open more than one Account on the Application and not to open an Account in the name of a third party;

31.2.6    not to contact another User through any personal data obtained through YETAV for a purpose other than confirming or changing the terms or nature of a Journey or a Booking;

31.2.7    not to accept or make payment relating to a Booking or the posting of a Journey outside of the Service; and

31.2.8    Shall adopt appropriate behaviour during the Journey so as not to hinder the concentration or peace and quiet of the other Passengers including the driver;

31.2.9    not carry during a Journey any item, goods, substance or animal which is contrary to applicable law;

31.2.10    not at any time during a Journey be under the influence of drugs, alcohol or any illegal substance

31.2.11    to comply at all times with these Terms and the Privacy Policy

31.3    Car-Owner hereby undertakes:

31.3.1    That there is no commercial activity being promoted through the YETAV app and if so doing, shall do at its own risk and also no part of any money being shared to YETAV by anyone nor YETAV have any intention of doing so.

31.3.2    That it must ensure that:

31.3.3.1    the vehicle being used has a valid certificate (if applicable) and is roadworthy and serviceable, complying with standards stipulated by law;

31.3.3.2    all relevant vehicle taxes are paid and any other statutory requirements for use of a vehicle on public roads in the intended territories are met;

31.3.3.3    they are in possession of a valid, current driving licence;

31.3.3.4    they are in good health with no known medical conditions that could put a passenger at risk; and

31.3.3.5    they are not under the influence of alcohol, drugs or any other substance that might impair their ability to drive.

31.3.4    That the vehicle is roadworthy and shall ensure that as a minimum:

31.3.4.1    tyres all have adequate tread depth and are not worn;

31.3.4.2    the handbrake works;

31.3.4.3    engine noise is not excessive or unusual;

31.3.4.6    side mirrors are free from cracks;

31.3.4.7    seats adjust;

31.3.4.8    seat belts are present and work;

31.3.4.9    headlights, indicators, brake lights and reversing lights work;

31.3.5    That it shall provide evidence of his/her driving licence, vehicle registration documents, vehicle taxation documents and insurance documents if requested by a User including passenger and shall submit RC Book, Insurance and License Copy to YETAV.


ARTICLE 32: SCOPE OF WEBSITE AND/OR MOBILE APPLICATION


32.1    The Website and/or Mobile Application enable you to contact other User/s with a view to sharing transport so that you can travel together and to search for travel companions. It is to help facilitate lift sharing arrangements between User/s. The Website and/or Mobile Application do not include arranging off-line meetings between User/s, supplying access to the internet network, or providing an electronic communication service to the public. As such, we have no legal obligation to identify User/s when they connect to the Website or to monitor content published by User/s. Because we are unable technically to provide such services, we do not undertake contractually to identify User/s or to moderate the content published by any of them (which remains their sole responsibility).

32.2    We shall not be liable for false declarations made by a User/s. You are advised that whilst we may carry out some checks on User/s we cannot guarantee the complete accuracy of the information supplied by them to us during registration. For the avoidance of doubt, no checks are made by us of User/s driving licences, authorisations, and vehicles (including whether they are roadworthy and/or whether current certificates and/or insurances are held). You are strongly advised, therefore, to exercise caution and to satisfy yourself that the person or persons with whom you may travel are suitable and where you propose to be a passenger in a car driven by them (or some person authorised by them) as to the validity of their (or the driver's) driving licence, insurances and any certificates required for their vehicle (as appropriate). Therefore, it is imperative that you carry out all necessary investigations of your fellow travellers when arranging to share travel arrangements and transport. You must also take all relevant precautions when arranging to meet with another User/s.

32.3    We shall not be held liable for any loss or damage arising from any accidents or incidents, or other consequences arising out of meetings between User/s, whether on the Website, through any of the Website and/or Mobile Application or in person during meetings between User/s and/or non- User/s as a consequence of the use of the Website and/or Mobile Application. In addition, it is recommended that you tell someone who you trust when you arrange a meeting with another User/s and that you arrange to meet in a public place initially


ARTICLE 33: ADDITIONAL INFORMATION


33.1    Please contact YETAV for additional information, questions or concerns @ on support @yetav.com.