Effective from 1^stMarch 2023

TERMS AND CONDITIONS

Welcome to Yofyy (“Application”/ “App”),a venture of YofyyOn, a Proprietorship Concern through its Sole Proprietor Mr. Yash Amin having its office at2, Arihant Estate, Nr. Ring Road Odhav, Odhav, Ahmedabad, Gujarat, 382415 (Hereinafter referred to as “Concern”/ “we”/ “us”/ “it”/ “our”). This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms and Conditions for access or usage of website.

This is a legally binding Agreement between YofyyOn and the Users. The Users are urged to read the Terms and Conditions carefully before the use of Yofyy. The agreement to the said terms unequivocally binds the Users to all existing Terms and Conditions and all existing Agreements of the Concern.

DEFINITIONS :

1. Agreement: This is a reference to the Terms and Conditions between the Concern and the User.
2. Application: A program designed for the purpose mentioned below named Yofyy.
3. Concern: A proprietorship concern named YofyyOn through its Sole Proprietor Mr. Yash Amin. It is the lawful owner of Yofyyand all the proprietary right vests in it.
4. User(s)/You: This term is referred to people visiting/ registering with Yofyy.
5. Website: The webpages with the domain name yofyy.com.

1. ACCEPTANCE OF TERMS OF USE AGREEMENT :

By creating an account, whether through a mobile device, mobile application or device (collectively, the “Service”) you agree to be bound by (i) these Terms of Use/Terms and Conditions, (ii) our Privacy Policy, each of which is incorporated by reference into this Agreement, and (iii) any terms disclosed and agreed to by you if you opt for additional featureswe offer on the Service. If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.

2. ELIGIBILITY :

3. All Users who wish to avail the Services provided by Yofyy should beof 18 years of ageor of the minimum legal age required in your country foryou to be authorized; and competent to enter into a legally binding contract and not disqualified by any existing law in force of the applicable jurisdiction of the state and/or the nation.
4. Individuals below the required age, who wish to utilize the Services provided by Yofyy, can do so, under the guidance and supervision of Parents or legal guardian under the registered account on Yofyy.

3. PURPOSE:

Yofyyis a location based social network which essentially lets the Users use the matching algorithms for friendship. Yofyy basically connects the Users who are looking to make new friends. By choosing from activities and interests, the Application will help the Users to meet people nearby with the goal of creating friendships. The User may send an invite/request to the other User based on their location, on acceptance of the said invite/request, the Users may connect with each other and start communication/interaction. It also includes services which provides path to live lively moments in your community, capture and take memorable pictures and videos, connect with the region, invite friends and family, create happenings and guide guests to the venue.

4. PRE REQUISTE OF SERVICES:

5. In order to use Yofyy, the User must have a compatible device, which meets the minimum specifications for easy and uninterrupted use of Yofyy.
6. The Concernmay require personal data while using the application, such as name, address, phone number, or a valid E-mail id. This information is marked as Confidential and shall not be used for any other purpose other than explicitly provided herein.

5. REGISTRATION OF YOUR ACCOUNT:

6. To use the services available on Yofyy, you must complete and agree to:(a) provide true, accurate, current and complete information about yourself as prompted by the Application Sign Up Form and (b) maintain and promptly update your Application to keep it accurate and current.
7. You agree that Yofyy may use your provided information to identify and reflect your information for the first time and then poll time to timeor when location changes substantially to track your location and keep it updated.
8. We may at its sole discretion review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. However, that does not necessarily mean that we review all the contents so updated on the Application by the User. Further, the user agrees that no authenticity checkof the user information is done by the Concern, therefore the user shall interact with other users at their own risks.
9. Yofyy reserves the right to terminate your account at any time without serving any prior notice, refuse any information and restrict all current or future use of the Application, if it is of the opinion that information updated by you is inaccurate or suspicious. In consideration of your use of Yofyy, you represent that you are to form a binding contract and are not a person barred from receiving services under the laws of any applicable jurisdiction. ()

1. You are responsible for maintaining the confidentiality of your login credentials you use to sign up, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact us. You are responsible for maintaining the confidentiality of your personal and non-personal information and for restricting access to your deviceand devicenetwork, and you are responsible for all activities that occur under your User ID and Password , email id and cell number as the case may be.

6. SAFETY YOUR INTERACTIONS WITH OTHER USERS.

Yofyy strives to encourage a respectful user experience through features like the double opt-in that only allows users to communicate if they have both indicated interest in one another, it is not responsible for the conduct of any User on or off of the Service. You agree to use caution in all interactions with other Users, particularly if you decide to communicate off the Service or meet in person. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Users or share any personal documents or details with any other UsersIf such information is shared by any User, the Concern shall not be responsible for such conduct of the Users.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT YOFYY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. YOFYY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS.

7. RIGHT OF THE CONCERN OVER USER INFORMATION:

8. By accepting these terms and conditions, the User agrees to authorize that the Concernhas the right to own all copyright and other Intellectual Property Rights over all the information provided by it.
9. Anything you post, upload, share, store, or otherwise on Yofyy and/or communicate with through the Services, is your “User Information.” Some User Information may be viewable by other Users. In order to display your User Information on Yofyy, and to allow other Users to access it(where applicable), you grant us certain rights in those User Information.

For all User Information, you hereby grant us a license to translate, modify (for technical purposes, for example making sure your content is viewable on a mobile and on a device as well as for the purpose of providing improved and better quality services), reproduce, and otherwise act with respect to such User Information, in each case to enable us to operate Yofyy.

8. OBLIGATIONS OF THE USERS:

The following are the obligations of the Users, which need to be fulfilled while using the Services of the Concern.

1. The User must provide complete and correct information regarding his/her name, residential address, age, email address and other details as required by Yofyy.
2. The User must agree to review the terms and conditions from time to time, which are subject to change at the complete discretion of the Concern. The User, at all times, gives irrevocable consent to the latest terms and conditions as well as to other policies while using the services of Yofyy.
3. The User must agree that all information provided will be subject to verification process by the Concern.
4. The User must ensure compliance with the instructions given by the Concern at all times while accessing the Application.
5. The User must not disclose their Username and password to any person and must keep all transactions confidential.
6. The User must inform the Concern immediately in case of any breach or unauthorized use of personal information.
7. The User acknowledges that all information provided by him/her/otherwill be saved and used and commercially exploited by Yofyy as deemed fit by the Concern.
8. The User must have the knowledge that by submitting any information to the Application, he/she/other is granting the Concern an irrevocable, non- cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable right to exercise all copyright and publicity rights to use, reproduce, publish, distribute or perform and display such content on Yofyy.
9. The User may voluntarily submit their feedback and/or suggestions on Yofyy. The User shall note that the Concern may act upon on such ideas/suggestions provided by the User on Yofyy, however, the User shall have no right to claim any reward/compensation/payment for such ideas/suggestions provided.

9. PROHIBITED ACTIONS OF THE USER: 

The following actions of the User are strictly prohibited such as;

1. The User must not allow any other individual to accesshis/her/other’saccount and utilize the Services offered by Yofyy.
2. The User must not use the information provided by Yofyy for any unlawful or fraudulent purposes.
3. The User must not bully, “stalk,” intimidate, assault, harass, mistreat or defame any person/User.
4. The User must not infringe any Intellectual Property Rights of the Concern or any person listed on Yofyy by copying, modifying or distributing such content.
5. The User must not indulge in any activity or transaction, which would pose a threat to the safety and security of Yofyy.
6. The User must refrain from any activity, which would involve transmission of a virus, worm or other harmful component into the system of Yofyy while accessing the services provided by Yofyy.
7. The User must not undertake to resell or assign his/her/other rights or obligations under these Terms and Conditions.
8. The User must not upload or transmit any information, the content of which is offensive to religious, moral, racial or political sentiment. The Concern has right, in its sole and absolute discretion, to refuse, delete or remove any such information as well as suspend your user account either temporarily or permanently..
9. The User must not upload or transmit any information, the content of which is an expression of bigotry, racism, defamation or hatred based on age, gender, caste, religion, race, ethnicity, disability or nationality or is in the nature of being derogatory, slanderous, grossly harmful, objectionable, disparaging to any third party.
10. The User must not upload or transmit information, which is obscene, contains pornography or contain “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986 or under any acts/rules and regulations applicable to the user of any state and/or nation.
11. The User must not upload or transmit any information, which is in contravention with the provisions of the Information Technology Act, 2000 in addition to rules, regulations or guidelines made in respect to it or with any rules and regulations applicable to the user of any state and/or nation.. Please note that if the rules and regulations of your state/Nation does not permit you to use our application, please don’t use/stop using our services immediately. Please not that you shall be solely responsible for your actions therein.
12. The Usermust not solicit login information or access an account belonging to someone else.
13. The Usermust not bully, intimidate, or harass any User.
14. The User must not create or use multiple accounts to evade our policies or bypass blocks or otherwise subvert restrictions placed on your account. For example, if you’ve been blocked by another User or suspended for abuse, don’t create a replacement account that engages in similar activity.
15. The User must not upload or transmit any information, which threatens the unity, integrity, defence, security or sovereignty of thenation, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
16. The User must not indulge in any activity, which would lead to a violation of any terms and conditions as mentioned in this policy. The Concernhas the right to terminate and or suspend the Servicesto any such individual.

10. INTELLECTUAL PROPERTY:

11. The Concernowns all the intellectual property rights relating to Yofyy, or documents/software used for the purpose of Yofyy. The User of Yofyy has no right or claim to use, copy reproduce, distribute, transmit, broadcast, display any trademarks, trade names, service marks, logos, domain names or any distinctive brand features of the Concern.
12. All such logos, trademarks, trade names, service marks, brand names on the Services including material, designs, and graphics belong exclusively to the Concern and no User can indulge in any activity, which will amount to infringement of the Intellectual Property Rights.
13. The User is expressly prohibited from removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by the Concern or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of the Concern or could be considered an infringement of any of the rights in the Intellectual Property Rights owned by and/or licensed to the Concern.

11. LIMITATION OF LIABILITY:

12. Yofyy of the Concern may display advertisements/offers on location basis. The User’scorrespondence or business dealings with, or participation in promotions of, advertisers found on or through Yofyy, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and third party advertiser. The Useragrees that the Concern shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Yofyy.
13. Any material downloaded or otherwise obtained using Yofyy is done at the User’s own discretion and risk and that the User will be solely responsible for any damage to the User’s device or loss of data that results from the download of any such material.
14. The Concern takes step to protect the security of your information on Yofyy, however, due to inherent open and wide nature of internet, the Concern takes no guarantee for the security of such information. Under no circumstances will the Concern be liable to the User for any indirect, incidental, consequential, special or exemplary damage arising out of or in connection with use of the Concern’s Service, whether or not. Such limitation of liability shall apply (i) whether the damages arise from use or misuse of and reliance on the ConcernService, from inability to use Yofyy, or from the interruption, suspension, or termination of Yofyy’s service (including such damages incurred by third parties), and (ii) notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Under no circumstances shall the Concern be liable to the User for any amount.

12. DATA CHARGES AND MOBILE PHONES:

You are responsible for any mobile charges that you may incur for using our Services, includingtext-messaging and data charges. If you are not sure what those charges may be, you should askyour service provider before using the Services.In case of changing or deactivating the mobile phone number that you used to create a Yofyy account, you must update your account information on Yofyy through Settings, immediately toprevent us from sending the messages to someone else which may be originally intended foryou.

13. INDEMNITY:

The User agrees to indemnify and hold the Concern, and its associates, agents and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of content of what the User conducts, submits, posts or transmits through the Service, through the User’s use of the Services, the User’s connection to the Service, the User’s violation of these Terms or Condition or the User’s violation of any rights of another.

 

14. CONFIDENTIALITY: 

All aspects related to financial, commercial, operational and technical information of the Concern which is received by the User, have to be kept confidential and secret. The User is not allowed to disclose to any third party the confidential information of the Concern, in whole or in part, except in cases where it is required and upon prior written permission from the Concern. The User is not allowed to use, reproduce, transform or store such confidential information without prior written permission of the Concern. All confidential information voluntarily provided by the User to the Concern is done at their own risk. If such information is misused and collected by a third party, the Concernis not liable for such an action.

15. MODIFICATIONS TO SERVICE:

The Concern reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The User agrees that the Concern shall not be liable to the User or to any third party for any modification including but not limited to loss of photos, conversations, messages, information etc., suspension or discontinuance of the Service.

16. AMMENDMENT :

The Concern reserves its right to modify or terminate the Services for any reason, without prior notice, without liability to the User or any other members or third party. The Concern also reserves the right to modify the terms from time to time without notice. The User agrees to regularly review the Terms and Conditions to keep himself/herself/themselves apprised of any such changes.

17. FORCE MAJEURE:

18. The Concern shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events outside its reasonable control (“Force Majeure Event”).
19. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond the Concern’s reasonable control and includes in particular (without limitation) the following:

• Strikes, lock-outs or other industrial action;
• Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
• Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
• Impossibility of the use of public or private telecommunications networks; and
• The acts, decrees, legislation, regulations or restrictions of any government.
• Pandemic, Epidemic or other Quarantine Restrictions.

1. The Concern’s performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and the Concern shall have an extension of time for performance for the duration of that period. The Concern will use its reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which its obligations under these Terms shall be performed despite the Force Majeure Event.

18. ENTIRE AGREEMENT:

These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter thereof, supersedes, and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject.

19. GOVERNING LAW AND JURISDICTION:

These Terms and Conditions will be governed by and construed in accordance with the laws of India and any dispute arising out of the use of Yofyy shall be subject to the exclusive jurisdiction of courts at Ahmedabad, India. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms and Conditions to be unenforceable, the remainder of the Terms and Conditions will continue in full force and effect. The User shall not assign these Terms and Conditions or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent, any such purported assignment or delegation will be null and void and of no force or effect.

20. NOTICE:

Any Complaint/ Notices to the Concern may be made via email or regular mail to the below mentioned address:

team.yofyyon@gmail.com

21. DISCLAIMER AND WARRANTIES: 

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL IN NO EVENT SHALL YOFYYON, ITS EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.