Terms and Conditions:
All the activities on YesNo.in are governed by the following terms and conditions so please read the following terms and conditions very carefully as your use of services is subject to your acceptance of and compliance with the following terms and conditions ("Terms").
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.
In these Terms, references to "you", "User" all mean the end user accessing the Website, its contents and using the Services offered through the Website, "Service Providers" mean independent third party service providers, and "we", "us" and "our" shall mean YesNo.in and its affiliates.
- www.yesno.in website ("Website") is an Internet-based content and E-commerce portal owned and operated by Gyanwave Technology Pvt. Ltd. a company incorporated under the laws of India.
- Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. YesNo.in at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
User Account, Password, and Security:
You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) Immediately notify YesNo.in of any unauthorized use of your password or account or any other breach of security, and (b) Ensure that you exit from your account at the end of each session. YesNo.in will not be liable for any loss or damage arising from your failure to comply with this Section 2.
The YesNo.in service is not available to minors under the age of 18 or to any users suspended or removed from the system by YesNo.in for any reason. Users may not have more than one account. Maintaining more than one account by a user shall amount to fraudulent act on the part of the user and attract actions against such user in accordance with the terms of clause 8 below. Additionally, users are prohibited from selling, trading, or otherwise transferring your YesNo.in account to another party. If you do not qualify, you may not use the YesNo.in Service or the Site.
Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, Products, and Services may change at YesNo.in's discretion. We strive to provide you with the best prices possible on products you buy from YesNo.in; however, YesNo.in does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice.
While YesNo.in strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, YesNo.in may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. YesNo.in will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that YesNo.in accepts your order the same shall be debited to your credit card account. The payment may be processed prior to YesNo.in dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account.
The User agrees and undertakes not to Reverse Engineer, Modify, Copy, Distribute, Transmit, Display, Perform, Reproduce, Publish, License, Create Derivative works from, Transfer, or Sell any information or Software obtained from the Website. Limited reproduction and copying of the content of the Website are permitted provided that YesNo.in's the name is stated as the source and prior written permission of YesNo.in is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
User Conduct and Rules:
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
- Defame, Abuse, Harass, Stalk, Threaten or otherwise violate the legal rights of others.
- Publish, Post, Upload, Distribute or Disseminate any Inappropriate, Profane, Defamatory, Infringing, Obscene, Indecent or Unlawful Topic, Name, Material or Information.
- Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents.
- Upload or Distribute files that contain Viruses, Corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer.
- Conduct or forward Surveys, Contests, Pyramid Schemes or Chain Letters.
- Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or Delete any author attributions, Legal or Other proper notices or Proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Violate any Code Of Conduct or other Guidelines, which may be applicable for or to any particular Service.
- Violate any applicable laws or regulations for the time being in force in or outside India.
- Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
User Warranty and Representation:
The user Guarantees, Warrants, and Certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name, service mark, and copyright formerly or currently used by you in connection with the Services rendered by YesNo.in.
Exactness Not Guaranteed:
YesNo.in hereby disclaims any guarantees of exactness as to the finish, color and appearance of the final customized Product as shown on the website and ordered by the user. The color may not be exactly same as shown on the website as color seen by you depends on the type of computer screen you are watching and also the quality of any Products, Services, Information, or other Material purchased or obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your custom product order such as the Merchandise Brand, Size, Color, Print process used, Print Size, Print Color etc., may be required due to limitations caused by available Product, available Production Materials, Production Equipment Capabilities, as well as limitations caused by the quality or type of your submitted design. In this instance, you agree that YesNo.in will send an approval request via the email address which you submitted when placing your order. If you do not agree with the requested change you retain the right to reject the requested production change by replying to itwithin 10 days of it being sent to you. YesNo.in may re-request that you accept a production alteration one additional time if an alternative method to produce your merchandise is available. If you reject this 2nd request your order will be cancelled and you will be fully refunded via your initial method of payment.
Intellectual Property Rights:
- Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, YesNo.in owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to YesNo.in without obtaining authorization from YesNo.in.
- Notwithstanding the foregoing, 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, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
- However, no royalty will be owed or paid on the sale of any product containing any material/content which is in violation of any of the provisions of these Terms, including but not limited to no royalty on any images that contain objectionable content or are posted in violation of the intellectual property, privacy or celebrity rights of any person or entity.
Links to Third Party Sites:
The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of YesNo.in or the Website and YesNo.in are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. YesNo.in is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. YesNo.in is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by YesNo.in or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
Disclaimer of Warranties/Limitation of Liability:
YesNo.in has endeavored to ensure that all the information on the Website is correct, but YesNo.in neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall YesNo.in be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) The use or the inability to use the Services (b) Unauthorized access to or alteration of the user's transmissions or data (c) 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 Website or Service. Neither shall YesNo.in be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, YesNo.in shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond YesNo.in's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. Though YesNo will fully comply with orders placed, but will not be held responsible if products ordered are stock-out or unavailable for any given reason and thus will have no binding to delivery or fulfillment of such products.
You agree to indemnify, defend and hold harmless YesNo.in from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by YesNo.in that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
Title and Risk of loss for all products ordered by you shall pass on to you upon YesNo.in's shipment to the shipping carrier.
- YesNo.in may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached a term of these Terms.
- Notwithstanding Section 15.1 above, these Terms will survive indefinitely unless and until YesNo.in chooses to terminate them.
- If you or YesNo.in terminates your use of the Website or any Service, YesNo.in may delete any content or other materials relating to your use of the Service and YesNo.in will have no liability to you or any third party for doing so.
- 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. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.
Redemption of Credit and Vouchers:
Promotional Vouchers: There are types of limited period vouchers which can be issued, or cancelled by YesNo.in as part of any campaign or scheme. The terms for these campaigns will be decided by YesNo.in at the time of the campaign and these should be acceptable to you. For all the orders, wherein vouchers have been redeemed by any of the customers and if the difference amount is below Rs.300 after availing the discount then the difference amount will have to be paid using Online Payment Mode or using Credit/Debit Cards only.
Offer and Schemes/Voucher Redemption:
YesNo.in reserves the right to change/modify/add/delete to the Terms and Conditions prevailing on the different promotional schemes (including but not limited to refer-a-friend and other types of vouchers) it brings to market from time to time. YesNo.in at its discretion can withdraw a particular scheme from the website/market. The Terms and Conditions governing each contest and promotion differ from one another. In the case of any question please contact us on firstname.lastname@example.org. We will be happy to assist you.
The headings and subheadings herein are included for Convenience and Identification only and are not intended to Describe, Interpret, define or limit the scope, extent or Intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
Interpretation of Number and Genders:
The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to the Terms as a whole.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
This website is created and controlled by Gyanwave Technology Pvt. Ltd. The laws of India shall apply and courts in Delhi/New Delhi shall have jurisdiction in respect of all the Terms, Conditions, and Disclaimers. YesNo.in has right to make changes to the website and the Terms, Conditions and Disclaimers.