ASA Enterprises , on behalf of itself and its affiliates/group companies under the brand “YellowSkye” is the author and publisher of the internet resource http://www.YellowSkye.com and the mobile application ‘YellowSkye’ and ‘YellowSkye Expert’ (together, “Website/App”). YellowSkye owns and operates the Services provided through the Website/App.
DEFINITION OF SERVICES
ASA Enterprises is an intermediary service providing platform providing targeted services to facilitate professionals or service providers connect with end users.
Through the Website or our mobile application (“Website/App”), the Company connects users with trusted professionals who provide services in their respective fields (hereinafter referred to as “Services”).
NATURE AND APPLICABILITY OF TERMS
The Agreement applies to you whether you are –
- A service provider (an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website/App, including designated, authorized associates of such Service Providers or institutions (“Service Providers(s)” or “User”);or
- A User, his/her representatives or affiliates, searching for Service Providers through the Website/App or
- Otherwise a user of the Services available on the Website/App (“End-User”, or “User”).
This Agreement applies to those Services made available by YellowSkye on the Website and/or mobile application, which are offered to the Users, including, but not limited to, Health and Lifestyle and Kids and Adults Enrichment (“Services”).
- For Service Providers: Listing of Service Providers and their profiles and contact details, will be made available to the Users on the Website/App;
- For Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Service Providers by name, specialty, and geographical area, or any other criteria that may be developed and made available by YellowSkye, and (iii) to make appointments with Service Providers to use the Services on the Website/App via chat audio/video call on the platform itself.
The Services may change from time to time, at the sole discretion of YellowSkye, and the Agreement will apply to your visit to and use of the Website / App to avail the Service, as well as to all information provided by you on the Website/App at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website/App and describes the manner in which we shall treat your account while you are registered as a member/client/user with YellowSkye. If you have any questions about any part of the Agreement, feel free to contact us at admin@YellowSkye.com.
YellowSkye reserves the right to modify or terminate any portion of the Agreement for any reason and at any time. You should read the Agreement at regular intervals. Your use of the Website/App 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/App or avail of any Services.
Your access to use of the Website/App and the Services will be solely at the discretion of YellowSkye.
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”).
CONDITIONS OF USE
You must be 18 years of age or older to visit the Website/App, register and use the Services in any manner. By visiting, registering and using the Website/App and accepting this Agreement, you represent and warrant to YellowSkye that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website/App and the Services available through the Website/App, and agree to and abide by this Agreement. If you are accessing, registering or availing services of this website/App from Singapore you must be 21 years of age or older or you must be using the email ID of your parent. By registering on this website/App from Singapore, you hereby confirm that you are 21 years or older or using the email ID of your parent and with parent’s consent
The terms in this Clause 1 are applicable only to Users other than Service Providers.
- END-USER ACCOUNT AND DATA PRIVACY
- YellowSkye may through its Services, collect information relating to the devices through which you access the Website/App, and anonymous data of your usage of Services. The collected information will be used only for improving the quality of YellowSkye’s Services and/or to build new Services.
- The type of information collected from the Users, including sensitive personal data or information;
- The purpose, means and modes of usage of such information;
- How and to whom YellowSkye will disclose such information; and,
- Other information mandated by the SPI Rules.
- the fact that certain information is being collected;
- the purpose for which the information is being collected;
- the intended recipients of the information;
- the nature of collection and retention of the information;
- the name and address of the agency that is collecting the information and the agency that will retain the information; and
- the various rights available to such Users in respect of such information.
- YellowSkye shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Service Provider or YellowSkye or to any other person acting on behalf of YellowSkye.
- The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website/App. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify YellowSkye of any actual or suspected unauthorized use of the User’s account or password. Although YellowSkye will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of YellowSkye or such other parties as the case may be, due to any unauthorized use of your account.
- If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or YellowSkye has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, YellowSkye has the right to discontinue the Services to the User at its sole discretion.
- YellowSkye may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
YellowSkye’s relevance algorithm for the Service Providers is a fully automated system that lists the Service Providers, their profile and information regarding their Practice on its Website/App. These listings of Service Providers do not represent any fixed objective ranking or endorsement by YellowSkye. YellowSkye will not be liable for any change in the relevance of the Service Providers on search results, which may take place from time to time. The listing of Service Providers will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. YellowSkye in no event will be held responsible for the accuracy and the relevancy of the listing order of the Service Providers on the Website/App.
- LISTING CONTENT AND DISSEMINATING INFORMATION
- YellowSkye collects, directly or indirectly, and displays on the Website/App, relevant information regarding the profile and practice of the Service Providers listed on the Website/App, such as their specialization, qualification, fees, location, visiting hours, and similar details. YellowSkye takes reasonable efforts to ensure that such information is updated at frequent intervals. Although YellowSkye screens and vets the information and photos submitted by the Service Providers, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
- The Services provided by YellowSkye or any of its licensors or Service Providers are provided on an “as is” and “as available” basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). YellowSkye does not provide or make any representation, warranty or guarantee, express or implied about the Website/App or the Services. YellowSkye does not guarantee the accuracy or completeness of any content or information provided by Users on the Website/App. To the fullest extent permitted by law, YellowSkye disclaims all liability arising out of the User’s use or reliance upon the Website/App, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website/App, or any opinion or suggestion given or expressed by YellowSkye or any User in relation to any User or services provided by such User.
- The Website / App may be linked to the website or mobile application of third parties, affiliates and business partners. YellowSkye has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through the Website/App. Inclusion of any link on the Website/App does not imply that YellowSkye endorses the linked site. Users may use the links and the Services at the User’s own risk.
- YellowSkye assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website/App or the downloading of any material, data, text, images, video content, or audio content from the Website/App. If a User is dissatisfied with the Website/App, User’s sole remedy is to discontinue use of the Website/App.
- If YellowSkye determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, YellowSkye reserves the right to immediately suspend your access to the Website/App or any of your accounts with YellowSkye and makes such declaration on the website alongside your name/your center’s name as determined by YellowSkye for the protection of its business and in the interests of Users. You shall be liable to indemnify YellowSkye for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected YellowSkye or its Users.
- The information published under the head of “Industry wide city-wise Pricing Graph” is derived from a benchmarking group that is determined to be relevant by YellowSkye in the relevant city. YellowSkye has published this information for guidance purpose and does not have the ability to ascertain accuracy of the data based on which the information has been published and nor does it have any duty to disclose to anyone the source of the underlying data sets based on which this information has been published. YellowSkye is not liable in any manner for any consequence whatsoever arising out of any use of the information published on the Website/App.
- USER APPOINTMENT THROUGH BOOK FACILITY AND CALL SERVICES
- YellowSkye enables Users to connect with Service Providers through two methods: a) Book facility that allows Users to book an appointment through the Website/App; b) Value added telephonic services which connect Users directly to the Service Provider’s number provided on the Website/App.
- YellowSkye will ensure Users are provided confirmed appointment on the Book facility. However, YellowSkye has no liability if such an appointment is later cancelled by the Service Providers, or the same Service Provider is not available for appointment. Provided, it does not fall under the heads listed under the separate terms and conditions, in which case the terms of this program shall apply.
- The results of any search Users perform on the Website/App for Service Providers should not be construed as an endorsement by YellowSkye of any such particular Service Providers. If the User decides to engage with a Service Provider to seek medical services, the User shall be doing so at his/her own risk.
- Without prejudice to the generality of the above, YellowSkye is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Service Providers. User understands and agrees that YellowSkye will not be liable for:
- User interactions and associated issues User has with the Service Providers;
- the ability or intent of the Service Providers(s) or the lack of it, in fulfilling their obligations towards Users;
- any wrong medication or quality of treatment being given by the Service Providers(s), or any medical negligence on part of the Service Providers(s);
- inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Service Providers to provide agreed Services;
- any misconduct, misrepresentation, miscommunication or inappropriate behaviour by the Service Providers or the Service Provider’s staff;
- cancellation or no show by the Service Providers or rescheduling of booked appointment or any variation in the fees charged, provided these have been addressed under separate terms and conditions if not specifically provided herein.
- Users are allowed to provide feedback about their experiences with the Service Providers, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, YellowSkye shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Service Providers from the Website/App.
- Cancellation and Refund Policy
In the event that, the Service Providers with whom Users have booked a paid appointment via the Website/App, has not been able to meet the User, User will need to write to YellowSkye at info@YellowSkye.com within one (1) day from the occurrence of such event; in which case, th consultation as mentioned on the Website/App will be reschduledt for another date and time for the User within the next five (5) to six (6) business days. In case where the User, does not show up for the appointment booked with a Service Providers, without cancelling the appointment beforehand, the booking will be forfeited.
- NO DOCTOR / CONSULTANT-USER/ CLIENT RELATIONSHIP; NOT FOR EMERGENCy USE
- Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website/App (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/user/ client relationship, between YellowSkye and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from qualified Service Providers.
- It is hereby expressly clarified that, the Information that you obtain or receive from YellowSkye, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website/App is for informational purposes only. YellowSkye makes no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website/App. In no event shall YellowSkye be liable to the User or anyone else for any decision made or action taken by the User in reliance on such information.
- The Services are not intended to be a substitute for emergency healthcare. If you are an End-User facing a medical emergency (either on your or another person’s behalf), please contact an ambulance service or hospital directly.
- CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
- The contents listed on the Website/App are (i) User or (ii) Service Provider generated content, or (iii) belong to YellowSkye. The information that is collected by YellowSkye directly or indirectly from the End-Users and the Service Providers shall belong to YellowSkye. Copying of the copyrighted content published by YellowSkye on the Website/App for any commercial purpose or for the purpose of earning profit will be a violation of copyright and YellowSkye reserves its rights under applicable law accordingly.
- YellowSkye authorizes the User to view and access the content available on or from the Website/App solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website/App, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website/App (collectively, “YellowSkye Content”), are the property of YellowSkye and are protected under copyright, trademark and other laws. User shall not modify the YellowSkye Content or reproduce, display, publicly perform, distribute, or otherwise use the YellowSkye Content in any way for any public or commercial purpose or for personal gain.
- User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
- USER REVIEWS AND FEEDBACK
The Users are solely responsible for the content that they choose to submit for publication on the Website/App, including any feedback, ratings, or reviews (“Critical Content”) relating to Service Providers and/or other healthcare professionals. The role of YellowSkye in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. YellowSkye disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. YellowSkye shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
The Users publication of reviews and feedback on the Website/App is governed by Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, you hereby agree not to post or publish any content on the Website/App that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. YellowSkye, at its sole discretion, may choose not to publish the Users reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that YellowSkye may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
- Obtaining feedback in relation to Website/App or YellowSkye’s Services; and/or
- Obtaining feedback in relation to any Service Providers listed on the Website/App; and/or
- Resolving any complaints, information, or queries by Service Providers regarding your Critical Content;
and the User agrees to provide their fullest co-operation further to such communication by YellowSkye.
The terms in this Clause 3 are applicable only to Service Providers.
- LISTING POLICY
- YellowSkye, directly and indirectly, collects information regarding the Service Providers’ profiles, contact details, and practice. YellowSkye reserves the right to take down any Service Provider’s profile as well as the right to display the profile of the Service Providers, with or without notice to the concerned Service Providers. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website/App in connection with you and your profile is found to be incorrect, you are required to inform YellowSkye immediately to enable YellowSkye to make the necessary amendments.
- YellowSkye shall not be liable and responsible for the ranking of the Service Providers on external websites and search engines.
- YellowSkye reserves the right to moderate the suggestions made by the Service Providers through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website/App. However, YellowSkye shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Service Providers are added to the Website/App.
- Service Providers explicitly agree that YellowSkye reserves the right to publish the Content provided by Service Providers to a third party including content platforms.
- You as a Service Providers hereby represent and warrant that you will use and/or provide the Services in accordance with applicable law. Any contravention of applicable law as a result of your use or provision of these Services is your sole responsibility, and YellowSkye accepts no liability for the same.
- The Service Provider promises to follow due discipline in conducting his/her/their consultations on the YellowSkye platform. The Service Provider shall appear for their bookings on time, attend to the User’s queries to the best of their knowledge and ability and thereby help YellowSkye in upholding the quality of the platform.
- PROFILE OWNERSHIP AND EDITING RIGHTS
YellowSkye ensures easy access to the Service Providers by providing a tool to update your profile information. YellowSkye reserves the right of ownership of all the Service Provider’s profile and photographs and to moderate the changes or updates requested by Service Providers. However, YellowSkye takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using YellowSkye’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, YellowSkye may modify or delete parts of your profile information at its sole discretion with or without notice to you.
- REVIEWS AND FEEDBACK DISPLAY RIGHTS OF YELLOWSKYE
- All Critical Content is content created by the Users of http://www.YellowSkye.com (“Website”)and the clients of YellowSkye customers and Service Providers, including the End-Users. As a platform, YellowSkye does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. The role of YellowSkye and other legal rights and obligations relating to the Critical Content is further detailed in Clause 5 of these Terms.
- YellowSkye reserves the right to collect feedback and Critical Content for all the Service Providers listed on the Website/App.
- YellowSkye shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
- You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. YellowSkye shall not be liable for any effect on Service Provider’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. YellowSkye however, as an ‘intermediary’, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 3.9 and 5 of these Terms.
- YellowSkye will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website/App shall be applicable mutatis mutandis in relation to Critical Content posted on the Website/App.
- If YellowSkye determines that you have provided inaccurate information or enabled fraudulent feedback, YellowSkye reserves the right to immediately suspend any of your accounts with YellowSkye and makes such declaration on the website alongside your name/your centers name as determined by YellowSkye for the protection of its business and in the interests of Users.
- RELEVANCE ALGORITHM
YellowSkye has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the User/ clients. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Service Providers. YellowSkye shall not be liable for any effect on the Service Provider’s business interests due to the change in the Relevance Algorithm.
- INDEPENDENT SERVICES
Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by YellowSkye.
- YELLOWSKYE REACH RIGHTS
YellowSkye reserves the rights to display sponsored ads on the Website/App. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, YellowSkye will not be liable for the accuracy of information or the claims made in the Sponsored ads. YellowSkye does not encourage the Users and/or Service Providers to visit the Sponsored ads page or to avail any services from them. YellowSkye will not be liable for the services of the providers of the Sponsored ads.
You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and YellowSkye accepts no liability for the same.
- BOOK APPOINTMENT AND CALL FACILITY
- As a valuable partner on our platform we want to ensure that the Service Providers experience on the YellowSkye booking platform is beneficial to both, Service Providers and their Users.
- Service Providers understand that, YellowSkye shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the Services provided by Service Providers. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of YellowSkye.
- SERVICE PROVIDERS UNDERTAKING
The Service Provider is and shall be duly registered, licensed and qualified to practice wellness services, fitness services, Kids and Adults Enrichment Services as per applicable laws/regulations/guidelines set out by competent authorities. The Service Providers shall at all times ensure that all the applicable laws that govern the Service Providers including all laws of the countries’ from where they are operating shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.
- USAGE IN PROMOTIONAL & MARKETING MATERIALS
In recognition of the various offerings and services provided by YellowSkye to Service Providers, Service Providers shall (subject to its reasonable right to review and approve): (a) allow YellowSkye to include a brief description of the services provided to Service Providers in YellowSkye’s marketing, promotional and advertising materials; (b) allow YellowSkye to make reference to Service Providers in case studies, and related marketing materials; (c) serve as a reference to YellowSkye’s existing and potential clients; (d) provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases; (e) make presentations at conferences; and/or (f) use the Service Providers name and/or logo, brand images, tag lines etc., within product literature, e-mailers, press releases, social media and other advertising, marketing and promotional materials.
- RIGHTS AND OBLIGATIONS RELATING TO CONTENT
- YellowSkye hereby informs Users and Service Providers that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which the User does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- 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.
- Users and Service Providers are also prohibited from:
- violating or attempting to violate the integrity or security of the Website/App or any YellowSkye Content;
- transmitting any information (including job posts, messages and hyperlinks) on or through the Website/App that is disruptive or competitive to the provision of Services by YellowSkye;
- intentionally submitting on the Website/App 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/App;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Website/App;
- copying or duplicating in any manner any of the YellowSkye Content or other information available from the Website/App
- framing or hot linking or deep linking any YellowSkye Content.
- circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
- YellowSkye, 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 Clauses 5.1 and 5.2. YellowSkye 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.
- YellowSkye 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 YellowSkye 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 YellowSkye as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between YellowSkye or any person on its behalf and the User or where the User has consented to data transfer.
YellowSkye respects the intellectual property rights of others and does not hold any responsibility for any violations of any intellectual property rights.
- YellowSkye reserves the right to suspend or terminate a User’s/ Service Provider’s access to the Website/App and the Services with or without notice and to exercise any other remedy available under law, in cases where,
- Such User / Service Provider breaches any terms and conditions of the Agreement;
- A third party reports violation of any of its right as a result of the use of Services;
- YellowSkye is unable to verify or authenticate any information provided to YellowSkye by a User;
- YellowSkye has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
- YellowSkye believes in its sole discretion that User’s actions may cause legal liability for such User/ Service Provider, other Users and/or for YellowSkye or are contrary to the interests of the Website/App.
- Once temporarily suspended, indefinitely suspended or terminated, the User/Service Provider may not continue to use the Website/App 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 / Service Provider shall no longer have access to data, messages, files and other material kept on the Website/App by such User.
- LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall YellowSkye, or any of its proprietors, 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/App or the content, materials and functions related thereto, the Services, User’s provision of information via the Website/App, 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:
- provision of or failure to provide all or any service by Service Providers to End-Users contacted or managed through the Website/App;
- any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website/App;
- any unauthorized access to or alteration of your transmissions or data; or
- any other matter relating to the Website/App or the Service.
In no event shall the total aggregate liability of the Protected Entities to a User / Service Provider 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 / Service Providers use of the Website/App or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
- RETENTION AND REMOVAL
YellowSkye may retain such information collected from Users / Service Providers from its Website/App 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.
- APPLICABLE LAW AND DISPUTE SETTLEMENT
- You agree that this Agreement and any contractual obligation between YellowSkye and User / Service Provider will be governed by the laws of India.
- 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/App or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by YellowSkye. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be at Delhi/ Delhi NCR. 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.
- Subject to the above Clause, the courts at Delhi/ Delhi NCR shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website/App or the Services or the information to which it gives access.
- CONTACT INFORMATION GRIEVANCE OFFICER
- If a User has any questions concerning YellowSkye, the Website/App, this Agreement, the Services, or anything related to any of the foregoing, YellowSkye customer support can be reached at the following email address: admin@YellowSkye.com or via the contact information available from the following hyperlink: YellowSkye.com/
- In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website/App or the Service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer by:
Filling the ‘Contact Us’ form on http://www.yellowskye.com/about-us page and mention “To Grievance Officer” in subject line.
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.
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 YellowSkye. Any consent by YellowSkye to, or a waiver by YellowSkye 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.
We assure that the information provided by the User will be used sensibly and carefully, and only in accordance with this privacy statement. We maintain compliance with the highest standards of website privacy, so our Users/End-Users/Service Providers can securely place reliance on our Website/App.
By using the Services or by otherwise giving YellowSkye your information:
We ensure that all your personal information with us is secure. We are committed to protect our Users’ personal information from unauthorised access, improper use or disclosure or unauthorised modification. To prevent unauthorised access, we have adopted the latest industry-standard security technology and procedures to safeguard the information we collect from our Users online via the Website/App. We assure that your personal information is encrypted and protected with latest software, which encrypts all information provided by the User.
Though we store your personally identifiable information on our SAAS platform provider’s servers placed in a secure environment we cannot fully eliminate security risks associated with Personal Information.
- The type of information collected from the Users, including Personal Information and Sensitive Personal Data or Information relating to an individual, defined hereinafter;
- The purpose, means and modes of collection, usage, processing, retention and destruction of such information; and
- How and to whom the YellowSkye will disclose such information.
“Personal Information” is defined under the SPI Rules to mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person. Such information may be collected from the User through emails, telephone calls and other modes to identify you personally. By agreeing to the terms and conditions you hereby consent to the collection of such information which may include contact data, demographic data, insurance data and previous health data and records of consultation and prescriptions or such other information as you may voluntarily choose to disclose for the better quality of services.
The SPI Rules further define “Sensitive Personal Data or Information” of a person to mean personal information which may include passwords, financial information such as bank accounts, card details etc. or other payment instrument details, medical records, biometrics, physical, physiological and mental health conditions.
All the information provided to YellowSkye by a User/Service Provider, including Personal Information or any Sensitive Personal Data or Information, is voluntary and the User / Service Provider understands that YellowSkye Company may use such information for various purposes including enhancement of the Services but not detrimental to the interests of its clients/ users.
YellowSkye does not control or endorse the content, messages or information found in any Services and, therefore, YellowSkye specifically disclaims any liability with regard to the Services and any actions resulting from the User’s / Service Provider’s participation in any Services, and the User agrees to waive any claims against YellowSkye relating to same, and to the extent such waiver may be ineffective, the User / Service Provider agrees to release any claims against YellowSkye relating to the same.
If the User / Service Provider provides any information that is untrue, inaccurate, out of date or incomplete or becomes so, or YellowSkye has reasonable grounds to suspect that the information provided is untrue, inaccurate, out of date or incomplete, YellowSkye may, at its sole discretion, discontinue the provision of the Services to the User / Service Provider.
If you wish to cancel your account, we will retain your information for so long as your account with the Services is still active and not deactivated or cancelled and for such purposes as may be lawfully used or as may be required under any other law for the time being in force.
YellowSkye may require the User / Service Provider to pay with a credit card, debit card or other mediums for Services for which subscription amount(s) is/are payable. YellowSkye will collect such User’s credit card number and/or other financial institution information such as bank account numbers and will use that information for the billing and payment processes, including but not limited to the use and disclosure of such credit card number and information to third parties as necessary to complete such billing operation. Verification of credit information, however, is accomplished solely by the User through the authentication process. User’s / Service Provider credit-card/debit card details are transacted upon secure sites of approved payment gateways which are digitally under encryption, thereby providing the highest possible degree of care as per current technology. However, YellowSkye provides you an option not to save your payment details. User is advised, however, that internet technology is not full proof safe and User / Service Provider should exercise discretion on using the same.
YellowSkye may automatically receive the URL of the site from which anyone visits, the IP address of User’s / Service Provider’s computer, User’s computer operating system, type of web browser, name of User’s// Service Provider’s ISP etc. and may use the same to help YellowSkye improve its Services. The linkage between the above information will not be shared with or disclosed to third parties, who are not a party to the linkage, except with our SaaS Platform provider. However, some of the general data in non-personally identifiable form may be shared with advertisers, sponsors, investors, partners, and others in order to help grow its business and in accordance with the applicable law.
The Website/App uses temporary cookies by YellowSkye as well as those placed by the third parties to store certain data or information that may be used by YellowSkye and its Service Providers for the technical administration of the Website/App, research and development, and for User administration. The cookies however, do not store any Personal Information of the User. / Service Provider. The User may adjust their internet browser to disable cookies. If cookies are disabled you may still use the Website/App, but the Website/App may be limited in the use of some of the features.
A User may have limited access to the Website/App without creating an account on the Website/App. In order to have access to all the features and benefits on the Website/App, a User must first create an account on our Website/App for which information may be sought by the Company.
The Website/App may enable Users / Service Provider to communicate with other Users / Service Provider or to post information to be accessed by others, whereupon other Users may collect such data. Such Users, including any moderators or administrators, are not authorized YellowSkye representatives or agents, and their opinions or statements do not necessarily reflect those of YellowSkye, and they are not authorized to bind YellowSkye to any contract. YellowSkye hereby expressly disclaims any liability for any reliance or misuse of such information that is made available by Users in such a manner.
YellowSkye maintains a strict “No-Spam” policy, which means that YellowSkye does not intend to sell, rent or otherwise give your e-mail address to a third party without your consent.
Though the Company has adopted the best security policies and technical measures to protect the User’s personal data, however, YellowSkye shall not be held liable for any loss whatsoever incurred by the User/ Service Provider, for any data loss or theft due to unauthorized access to the User’s electronic devices through which the User avails the Services.
No sensitive personal data or information is automatically collected by YellowSkye from any casual visitors of the Website/App, who are merely perusing the Website/App.
If a casual visitor has inadvertently browsed the Website/App prior to reading the privacy statements and does not agree with the manner in which such information is obtained, collected, processed, stored, used, disclosed or retained, merely quitting the browser application should ordinarily clear all temporary cookies installed by YellowSkye. However, visitors are encouraged to “clear cookies” from their browsers to ensure such clearing / deletion, as YellowSkye cannot guarantee, predict or provide for the behaviour of the equipment of all the visitors of the Website/App.
CONFIDENTIALITY AND SECURITY
Your Personal Information is maintained by YellowSkye in electronic form on its equipment, and on the equipment of its employees. Such information may also be converted to physical form from time to time. YellowSkye takes all necessary precautions to protect your personal information both online and off-line, and implements reasonable security practices and measures including certain managerial, technical, operational and physical security control measures.
No administrator at YellowSkye will have knowledge of your password. It is important for you to protect against unauthorized access to your password, your computer and your mobile phone. Be sure to log off from the Website/App when finished. YellowSkye does not undertake any liability for any unauthorised use of your account and password. If you suspect any unauthorized use of your account, you must immediately notify YellowSkye by sending an email to info@YellowSkye.com The User / Service Provider shall be liable to indemnify YellowSkye any loss suffered by it due to such unauthorized use of your account and password.
YellowSkye makes all User information accessible to its employees, agents or partners and third parties only on a need-to-know basis, and binds only its employees to strict confidentiality obligations.
Notwithstanding the above, YellowSkye is not responsible for the confidentiality, security or distribution of the User’s / Service Provider’s Personal Information by our partners and third parties outside the scope of our agreement with such partners and third parties. Further, YellowSkye shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond the reasonable control of YellowSkye including but not limited to, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the User etc.
If a User / Service Provider uses the Services or accesses the Website/App after a notice of changes has been sent to such User or published on the Website/App, such User hereby provides his/her/its consent to the changed terms.
CHILDREN’S AND MINOR’S PRIVACY
YellowSkye strongly encourages parents and guardians to supervise the online activities of their minor children and consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment. These tools also can prevent minors from disclosing their name, address, and other personally identifiable information online without parental permission. Although YellowSkye’s Website and Services are not intended for use by minors, YellowSkye respects the privacy of minors who may inadvertently use the Website on the internet or the mobile application.
CONSENT TO THIS POLICY
ADDRESS FOR PRIVACY QUESTIONS
Subject to the above Clause, the courts at Delhi/ Delhi NCR shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website/App or the Services or the information to which it gives access.