Terms and Conditions

 

END USER LICENSE AGREEMENT

 

This End User License Agreement (“EULA”) is a binding legal agreement between the User and the YOZEINC SOFTWARE LLP, incorporated under the Limited Liability Partnership Act, 2008 with its registered office at F.NO.1102, Paramount Towers, 12th Floor, Plot 15th Road, Khar, Mumbai, Mumbai City, Maharashtra, 400052, India (hereinafter referred to as "YOZEINC SOFTWARE LLP" which expression shall, unless it be repugnant to the context or meaning thereof, mean and include the designated partners or partner at any time the survivors or survivor of them and the heirs, executors, administrators of the last surviving partner and his or her permitted assigns).

In order to avail the Services offered by the Website, the User has to comply with the terms and conditions mentioned in this EULA. By clicking the ‘I agree’ button, the User agrees to the terms of this EULA, stated as under:

  1. Interpretation

 

1.1. “Demised Person” refers to the person who has passed away and whose obituary will be uploaded on the Website.

 

1.2 “Material” includes but is not limited to text, information, content, photo, images, graphics, illustrations, lyrics, poems, audio and/or video material, files and such other related material shared by the User/Users.

     

1.3 “Services” refers to the services offered by the Website to its Users as provided under Clause 3.

 

1.4 "User" refers to any person or entity who downloads, views, uses, accesses, browses or submits any Material to the Website.

 

1.5 “Website” refers to the website of Final Repose owned by YOZEINC SOFTWARE LLP.

 

  1.  Applicability and Acceptance

 

The User shall be governed by the terms of this EULA, whenever the User uses any and all Services offered by the Website. If the User does not agree with the terms contained herein, the User shall not use the Services offered by the Website.

 

The User agrees that use of these Services is unauthorized in any jurisdiction that does not give effect to the terms of this EULA.

 

  1. Services offered by the Website

This Website offers a portal for uploading online obituary of Demised Person and assists in funeral related arrangements, which include but are not limited to the following:

3.1 The Website allows its registered User to upload the obituary of Demised Person.

3.2 The Website would also assist the User to share the online obituary by creating a live link to the online obituary, to send via social media or messaging service such as whatsapp, sms, twitter, Instagram and such other social media platforms available currently, or developed in the future.

3.3 The Website allows continuous notification and updation regarding any events, ceremonies, services related to the Demised Person.

  1. User Account

In order to avail the Services offered by the Website:

4.1 The User must create an account with the Website.

4.2 The User must create their account using their phone number and OTP.

4.3 The User who will make a profile of the Demised Person and upload the obituary of the Demised Person shall create the account in the following manner:

4.3.1    Such User can be a family member or a friend.

4.3.2    Such User should upload proof of death of the Demised Person.

4.3.3  Such User can create an obituary page on the Website, using an easy format available on the Website.

4.3.4  Such User can provide the following information on the Website, regarding the Demised Person:

 4.3.4.1 Picture of the Demised Person

4.3.4.2 Date of death of the Demised Person

4.3.4.3 Time and place of the funeral of the Demised Person, with an add to calendar link and google map location.

4.3.4.4 Family details of the Demised Person and their contact details, if required.

4.3.4.5 Any other events, ceremonies and services in relation to the Demised Person, along with their respective time, place and other details.

4.3.5  Such User can automatically authorize or will be allowed to review and authorize the messages and testimonials addressed to the family.

  1. User Account Information and Security

5.1 In order to avail the Services offered by the Website, the User is required to register and/or create an account with YOZEINC SOFTWARE LLP. During this process, the User will be sharing their personal information, password, and information regarding the Demised Person to YOZEINC SOFTWARE LLP. In consideration of the use of YOZEINC SOFTWARE LLP’s Services, the User agrees to:

5.1.1 provide true, accurate, current and complete information about themselves;

5.1.2 provide true and accurate Material of the Demised Person; and

5.1.3 maintain and promptly update the information regarding themselves as well as the Material provided by the User to keep it true, accurate, current and complete.

If the User provides any information or Material that is untrue, inaccurate, not current or incomplete, or YOZEINC SOFTWARE LLP has reasonable grounds to suspect that such information or Material is untrue, inaccurate, not current or incomplete, YOZEINC SOFTWARE LLP has the right to suspend or terminate the account of such User and refuse any and all current or future use of the Services (or any portion thereof).

5.2 The User is responsible for maintaining the confidentiality and security of their account and password, and is fully responsible for all activities that occur under their password or account, and for any other actions taken in connection with the account or password. The User agrees to:

 5.2.1   ensure that they exit from their account at the end of each session; and/or

5.2..2  immediately notify YOZEINC SOFTWARE LLP of any known or suspected unauthorized use(s) of their password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of their password or credit card information.

The User agrees that YOZEINC SOFTWARE LLP will not be liable for any injury, loss or damage of any kind arising from or relating to the User’s failure to comply with the terms mentioned in this Clause or for any acts or omissions by the User or someone else using their account and/or password.

 

  1. License to Use the Website

6.1 The Website grants the User permission (which may be revoked at any time for, without assigning any reason) to do the following:

6.1.1    view the Services and to upload the obituary of the Demised Person;

6.1.2    upload the proof of death  of the Demised Person;

6.1.3    share the online obituary of the Demised Person with family, friends, acquaintances and the public in general via social media including but not limited to facebook, twitter, instagram etc in accordance with the terms contained herein;

6.2 Any Material shared on the Website is solely for the User’s own personal, non-commercial use, provided the User does not infringe upon the intellectual property rights of YOZEINC SOFTWARE LLP, in any manner whatsoever.

6.3 The User agrees that no other use is permitted. The User shall not incorporate the information, content, or Material from the Services in any database, compilation, archive or cache. The User shall not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained through the Services, except as specifically mentioned in this EULA.

6.4 The User shall not engage in any activity involving hacking.

6.5 The User shall not deep-link to the Services for any purpose or access the Services with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of the Services or any information, content, or Material from the Services.

6.6 The User shall not link or frame to any pages of the Services or any content or Material contained therein, whether in whole or in part.

6.6 The User agrees that any rights not expressly granted herein are reserved.

  1. User Conduct

The User agrees that the User will be allowed to enjoy uninterrupted Services of the Website, subject to the appropriate conduct of the User, which includes, but is not limited to, the following:

7.1 to comply with all applicable laws including rules and regulations whether local, state, national or international;

7.2 not to host, submit Material to or use the Services without the consent of a parent, guardian or educational supervisor if you are under the age of 18;

7.3 not to use the Services for illegal purposes;

7.4 not to commit any acts of infringement on the Services or with respect to the Services content;

7.5 not to use the Services to engage in commercial activities;

7.6 not copy any content, including death notices, for republication in any other newspaper or other publication, whether in print or on-line;

7.7 not to create or maintain any Material in connection with the Services for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Services, including but not limited to acquiring, designating, or choosing a website name or title, or website address or URL for resale or rental, depriving any family member or friend of the Demised Person from establishing or using the Services in that person’s name, and linking to any commercial or other website from the Services;

7.8 not to attempt to gain unauthorized access to other computer systems from or through the Services;

7.9 not to interfere with another person’s use and enjoyment of the Services or another entity’s use and enjoyment of the Services;

7.10 not to use the Services for chain letters, junk mail, spamming, or use of distribution lists;

7.11 not to upload or transmit viruses or other harmful, disruptive or destructive files;

7.12 not to disrupt, interfere with, or otherwise harm or violate the security of the Services, system resources, accounts, passwords, servers or networks connected to or accessible through the Services or affiliated or linked sites (including those of our Affiliate Newspapers).

7.13 The User agrees that the User shall not post, upload, transmit, display, publish,   distribute, or otherwise submit Material:

7.13.1 containing vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;

7.13.2 is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;

7.13.3  unfairly interferes with any third party’s uninterrupted use and enjoyment of the Services;

7.13.4 advertises, promotes or offers to trade any goods or services;

7.13.5 is intended primarily to promote a cause or movement, whether political, religious or other;

7.13.6 contains copyrighted content (copyrighted articles, illustrations, images, lyrics, photos, audio, video, poems, text, or other content) without the express permission of the owner of the copyrights in the content;

7.13.7 constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;

7.13.8 discloses any personal identifying information relating to or images of a person under the age of 18 years (minor) without consent of a parent, guardian or educational supervisor;

7.13.9 infringes any copyright, trademark, patent, trade secret, or other intellectual property right;

7.13.10 contains viruses or other harmful, disruptive or destructive files;

7.13. 11 harms or is inappropriate for minors to view;

7.13.12  links to any commercial or other website;

7.13.13  is not otherwise in compliance with these terms and conditions contained herein.

  1. User Representations and Warranties

The User represents and warrants that:

8.1. The proof of death of the Demised Person submitted by the User is authentic and in no event, YOZEINC SOFTWARE LLP shall be made responsible for the authenticity or veracity of the same.

8.2. the Material posted, submitted, uploaded or shared by the User is not illegal or   inconsistent with applicable laws.

8.3. by posting, submitting, uploading or sharing the Material, the User is not violating the intellectual property rights of any persons or has obtained express permission from the owner of such intellectual property rights.

8.4. the Material posted, submitted, uploaded or shared by you do not infringe upon any third party’s rights.

8.5. the Material posted, submitted, uploaded or shared by the User does not violate any of the terms of this EULA.

8.6. the User has the right to grant the license set out in this EULA.

  1. License Granted by the User toYOZEINC SOFTWARE LLP

9.1 The User grants YOZEINC SOFTWARE LLP, and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Material you provide to YOZEINC SOFTWARE LLP in any form, media, software or technology of any kind now existing or developed in the future.

9.2 Without limiting the generality of the previous Clause 9.1, the User agrees to authorize YOZEINC SOFTWARE LLP, to include the Material you provide in a searchable format that may be accessed by other Users of the Services provided by the Website and other websites. The User also agrees to grant YOZEINC SOFTWARE LLP and related entities the right to use the name and any other information about the User that is provided in connection with the use, reproduction or distribution of such Material. The User also grants YOZEINC SOFTWARE LLP, the right to use the Material and any facts, ideas, concepts, know-how or techniques contained in any Material or communication sent by the User for any purpose whatsoever, including but not limited to, developing, manufacturing, promoting and/or marketing products and services. The User grants all the rights described herein, in consideration of the User’s use of the Services without the demand for additional compensation of any sort from YOZEINC SOFTWARE LLP. YOZEINC SOFTWARE LLP does not claim ownership of Material you submit to the Services.

9.3 The User acknowledges and agrees that YOZEINC SOFTWARE LLP, does not control user-generated content or Material submitted to the Services, and disclaims any responsibility for such Material. YOZEINC SOFTWARE LLP specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any such Material. In addition, YOZEINC SOFTWARE LLP does not represent or warrant that the Material or any other content or information accessible via the Services is accurate, complete, or current. YOZEINC SOFTWARE LLP assumes no responsibility or liability for any errors or omissions in the Material provided by the User.

9.4 If the User believes in good faith that content or Material hosted by the Services infringes their copyright, the User (or their agent) may send YOZEINC SOFTWARE LLP a notice requesting that the content or Material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow YOZEINC SOFTWARE LLP to locate the content or Material within the Services; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the content or Material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is true and accurate to the best of their knowledge, and  that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  1. Termination and Modifications to the Services

YOZEINC SOFTWARE LLP reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Services (or any part thereof), including but not limited to the Services’ features, functions, look and feel.

  1. Indemnity

The User agrees to indemnify and hold YOZEINC SOFTWARE LLP, its designated partners or partner at any time the survivors or survivor of them and the heirs, executors, administrators of the last surviving partner and his or her permitted assigns, or other employees harmless from any claim, demand, or damage (whether direct, indirect, or consequential, including legal expenses), made by anyone in connection with your use of the Services, with any alleged infringement of intellectual property or other right of any person or entity relating to the Services, your violation of this EULA, and any other acts or omissions relating to the Services.

  1. Disclaimer of Warranties

THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS PROVIDED BY THE SERVICES (WHETHER PROVIDED BY YOZEINC SOFTWARE LLP, THE USER, OTHER USERS, AND OTHER AFFILIATES OR THIRD PARTIES), INCLUDING WITHOUT LIMITATION, MATERIAL, TEXT, PHOTOS, GRAPHICS, FILES, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOZEINC SOFTWARE LLP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, INFRINGEMENT OF THE USER’S RIGHTS BY OTHER USERS, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

  1. Limitation of Liability

13.1  IN NO EVENT SHALL YOZEINC SOFTWARE LLP BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER IN AN ACTION UNDER CONTRACT, OR ANY OTHER LAW, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE SERVICES. YOZEINC SOFTWARE LLP ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SERVICES. YOZEINC SOFTWARE LLP ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, OR MATERIAL AVAILABLE ON OR THROUGH THE SERVICES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THE SERVICES, FOR ANY ERROR, DEFAMATION, HACKING ACTIVITY, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, OR INACCURACY CONTAINED THEREIN.

13.2  IF YOZEINC SOFTWARE LLP IS HELD TO BE LIABLE BECAUSE  THE EXCLUSION OR LIMITATION OF LIABILITY UNDER CLAUSE 13.1 IS DECLARED TO BE INAPPLICABLE, VOID, ETC, FOR ANY REASON, WHATSOEVER, BY THE COURT OF LAW,  IN NO EVENT SHALL YOZEINC SOFTWARE LLP’S TOTAL LIABILITY  FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, OR OTHERWISE, EXCEED RS.100/- (RUPEES ONE HUNDRED ONLY) WHILE AVAILING FREE SERVICES OR THE COST PAID BY THE USER WHILE AVAILING ANY PAID SERVICE (IF ANY PAID BY SUCH USER AND RECEIVED BY YOZEINC SOFTWARE LLP), WHICHEVER IS LOWER.

13.3  IF THE USER IS DISSATISFIED WITH THE SERVICES OR DO NOT AGREE TO ANY PROVISIONS OF THIS EULA, THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO THE USER IS TO DISCONTINUE USING THE SERVICES OFFERED BY THE WEBSITE.

  1. Cancellation, Termination, Transfer, and Expiration of Account or Services

14.1  The User may cancel or terminate their account and/or use of the Services, remove their password, with or without cause at any time, upon providing written notice to YOZEINC SOFTWARE LLP sent via email or conventional mail to the address as set forth in the Website. Such cancellation/termination/expiration will take effect immediately. Upon termination, the User will lose their right to use their account or the Services offered by the Website.

14.2  YOZEINC SOFTWARE LLP, reserves the right, in its sole and absolute discretion, and at any time and with or without prior notice to the User, to suspend, cancel, transfer, or terminate the User’s account, password, any Material within an account and/or use of any Services for any reason whatsoever (including and without limitation, due to lack of use, commercial use, engaging in cybercrimes, infringement of intellectual property rights of YOZEINC SOFTWARE LLP, YOZEINC SOFTWARE LLP’s resolution of any dispute among multiple persons claiming the right to use the same or similar accounts or Services), or YOZEINC SOFTWARE LLP’s belief, in its absolute and sole discretion, that the User has violated or acted inconsistently with the letter or spirit of the terms of this EULA). In the event of a dispute or conflict among, or complaint from, Users of the Services about another’s right to establish, use, or maintain an account or Services, YOZEINC SOFTWARE LLP reserves for itself the sole right to determine whether or how to resolve such dispute, conflict or complaint, with or without factual or other investigation.

14.3  Upon expiration, or cancellation or termination by either party, of the User’s account, password, and/or use of any Services, the User will have no right to any of the Material shared on the Website. YOZEINC SOFTWARE LLP reserves the right to temporarily or permanently block access to, remove, deactivate, delete, and discard whole or part of Material so provided, and accepts no liability for such removed or deleted material, content, photos or Information.

14.4  The User agrees that, upon suspension, cancellation, or termination of the User’s account or your use of any Service (for whatever reason), the User is not entitled to any refund of money from YOZEINC SOFTWARE LLP. The User further agrees that YOZEINC SOFTWARE LLP is not liable to the User or any third-party for any termination of the User’s access to any Services.

 

 

  1. Review and Removal of Material

15.1  The User agrees that YOZEINC SOFTWARE LLP reserves the right (but disclaims any duty, obligation, or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any content or any Material available through the Services that YOZEINC SOFTWARE LLP believes, in its absolute and sole discretion, may violate the terms of this EULA. YOZEINC SOFTWARE LLP also reserves the right (but disclaims any duty, obligation, or responsibility) to refuse to post, remove in their entirety, or edit (at any time and without prior notice) any content or Material available through or submitted to the Services for any reason or no reason whatsoever, in its absolute and sole discretion.

15.2  The User agrees that, subject to the suspension, cancellation, and termination of their account, YOZEINC SOFTWARE LLP reserves the rights to remove any or all Material.

15.3  The User agrees that, in the event, whole or part of the Material are removed, due to the acts or events beyond the reasonable control of YOZEINC SOFTWARE LLP, which cause temporary or permanent deletion, loss of data, failure to store, or other interruption in or termination of any of the Services, YOZEINC SOFTWARE LLP shall not be held liable.

  1. Links to Third Party Websites

The Website may offer links to other websites, some of which, may be affiliated with the Website while others may not. YOZEINC SOFTWARE LLP is not responsible for the contents of any website pages created and maintained by organizations independent of YOZEINC SOFTWARE LLP. The User agrees that, visiting any such third-party website pages is at their own risk. The User further acknowledges and agrees that YOZEINC SOFTWARE LLP has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. The User’s use of such information is voluntary, and the reliance on such information should be made only based on the User’s sole discretion. Any references to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by YOZEINC SOFTWARE LLP. The User acknowledges and agrees that YOZEINC SOFTWARE LLP is not in any manner responsible for the availability of, or the content located on or through any third-party website pages.

  1. Obituaries from Other Sources

17.1 The Website may offer obituaries from other sources which are available in the public domain. The User agrees that YOZEINC SOFTWARE LLP is not responsible for the contents of any obituary created and maintained by organizations independent of YOZEINC SOFTWARE LLP. The User further acknowledges and agrees that YOZEINC SOFTWARE LLP has no control over these obituaries derived from other sources, nor can it guarantee the accuracy, completeness, or timeliness of information in such sources. The User’s use of such information is voluntary, and the reliance on such information should be made only based on the User’s sole discretion. The User acknowledges and agrees that YOZEINC SOFTWARE LLP is not in any manner responsible for the availability of, or the content located on or through any such other sources.

17.2  If the User or any organization/entity believes in good faith that content or material hosted by the Services infringes their copyright, the User (or their agent) may send YOZEINC SOFTWARE LLP a notice requesting that the content or material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow YOZEINC SOFTWARE LLP to locate the content or material within the Services; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the content or material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is true and accurate to the best of their knowledge, and  that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

  1. Intellectual Property Rights

The User acknowledges and agrees that the Website and the Services offered by the Website contain proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in this EULA without advance, written permission of YOZEINC SOFTWARE LLP. YOZEINC SOFTWARE LLP holds sole and exclusive rights in relation to all designs, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markup language ("HTML"), scripts, active server pages, and other content and software used in the Services and the Website.

  1. Privacy Policy

19.1 YOZEINC SOFTWARE LLP views protection of User privacy as a very important principle. YOZEINC SOFTWARE LLP understands clearly that Personal Information is sensitive data which requires to be protected.  YOZEINC SOFTWARE LLP has published Privacy Policy on the Website in accordance with Information Technology Act 2000 and Rules there under. The User shall read the Privacy Policy before sharing their data on the Website. If the User objects to their information being transferred or used in this way please do not use the Website. 

19.2  The User understands that YOZEINC SOFTWARE LLP has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, YOZEINC SOFTWARE LLP can (and the User hereby expressly authorize YOZEINC SOFTWARE LLP to) disclose any information about you to law enforcement or other government officials, as YOZEINC SOFTWARE LLP, in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

 

  1. Commercial Communications

The User will be required to enter a valid phone number, provide email address and/or any other contact details, while using the Website. By registering your contact details with us, the User consents to be contacted by YOZEINC SOFTWARE LLP via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication. YOZEINC SOFTWARE LLP will use your personal information only in accordance with our Privacy Policy. Please refer to Our Privacy Policy applicable to use of the Website. When the User uses the Website or send emails or other data, information or communication to us, the User agrees and understands that they are communicating with YOZEINC SOFTWARE LLP through electronic records and the User consents to receive communications from YOZEINC SOFTWARE LLP periodically and as and when required. YOZEINC SOFTWARE LLP may communicate with the Users by email or by such other mode of communication, electronic or otherwise.

 

  1. General Terms and Conditions

21.1 Enforceability - If any of the clause or portion of the clause of this EULA is found to be void, invalid or otherwise unenforceable, then that clause or portion of the clause shall be deemed to be severed from the other terms and conditions of this EULA. The remainder of the terms contained herein shall continue to be enforceable and valid.

21.2 Entire Agreement - This EULA constitutes the entire agreement between the User and the YOZEINC SOFTWARE LLP, superseding all prior agreements regarding the services offered by the Website.

21.3 No Waiver - The failure of the YOZEINC SOFTWARE LLP to exercise or enforce any of its rights or clauses of this EULA shall not constitute a waiver of any of its rights contained herein.

21.4 Force Majeure - Neither party hereto shall be deemed to be in default of any of the terms and conditions contained herein resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, any form of hacking or unauthorized access of the account or systems of another User, which is beyond the control of YOZEINC SOFTWARE LLP,  acts of God, or of the public enemy, acts of the government in its sovereign or contractual capacity, interruption of electric or telecommunication services, acts of war or terrorists, strikes, fires, floods, epidemics, quarantine restrictions, freight embargoes, strikes, civil commotion, or the like. 

21.5 Headings & Construction - The section titles used in this EULA are for convenience only and carry no contractual or legal effect whatsoever. The language in these headings shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.

21.6 Modifications and Alterations - The YOZEINC SOFTWARE LLP reserves the right to alter or modify the terms and conditions of this EULA at any time including but not limited to change in name of the entity who owns the Website, change in ownership, change in type of business etc. The User agrees that each time the User accesses the Services, the User shall be subject to the then-current terms of EULA, and continued use of the services confirms that the User has read, accepted, and agreed to be bound by such modifications and alterations to the terms of this EULA.

21.7 Jurisdiction and Governing Law - Any dispute arising from or in connection with the terms of this EULA shall be governed by and construed in accordance with the laws of India and shall come under the exclusive jurisdiction of the courts in Mumbai.