Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING AND/OR ACCESSING THIS MOBILE APPLICATION, YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY, WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS AND CONDITIONS, THEN PLEASE DO NOT USE THIS MOBILE APPLICATION AND/OR AVAIL OUR SERVICES.

These terms and conditions of the website cloud.yuktix.com (“Website”) and mobile application under the name and style GidaBits (the “Mobile App”, together with the Website hereinafter referred to as “Platform”) is between Yuktix Technologies Private Limited ("yuktix") a private limited Company incorporated under Companies Act 2013, and having its registered office at J202, Aakruthi silverline, 27 main, Sector 2, HSR Layout, Bangalore, 560102 India (“we”, “us”, “our” or Yuktix) and the users, registered or otherwise of the Platform (hereinafter referred to as “you” or “your” or “User”) and describes the terms on which Yuktix offers You access to the Platforms and such other services as are incidental and ancillary thereto. The Website and Mobile App are owned by "yuktix".

These Terms set forth the legally binding terms and conditions for your use of the Platform. This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act”) and rules there under as well as the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.

These Terms are made available to the User and this document is published in accordance with the provisions of the IT Act and the relevant rules and regulations thereunder including Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the Mobile App.

1. Your use of the Platform and services, software and products (collectively known the as the “Services” hereinafter) is subject to the terms and conditions contained in this document as well as the Privacy Policy, and any other rules and policies of the Platforms that yuktix may publish from time to time. This document and such other rules and policies of the Platforms are collectively referred to below as the “Terms”.

2. You are only authorized to use the Platform (regardless of whether your access or use is intended) if you agree to abide by these Terms and all applicable laws. By accessing the Platform or using the Services, you agree to accept and be bound by the Terms. Please read these Terms very carefully and save it. If you do not agree to be bound by these Terms in its entirety, you should leave the Platform and not receive Services in any manner. Your use of the Platform hereunder constitutes your acceptance of this Terms and You agree to be bound by the Terms, on and from the date when You first use the Platform.

3. You may not use the Services and may not accept the Terms if

   1. you are not of legal age to form a binding contract with Yuktix

   2. you are not permitted to receive any Services under the laws of Republic of India

4. You acknowledge and agree that Yuktix may amend any Terms at any time by posting the relevant amended and restated Terms on the Platform. By continuing to use the Services or the Platform, you agree that the amended Terms will apply to you.

5. If yuktix has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Services or the Platform.

6. The Terms may not otherwise be modified except in writing by an authorized officer of Yuktix.

1. You must register as a member on the Platform in order to access and use some Services. Further, Yuktix reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to Users or subject to other conditions that Yuktix may impose in our discretion.

2. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Platform is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

3. Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. yuktix may in our sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to different Users.

4. Occasionally there may be information on our Platform that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Platform is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Platform, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Platform, should be taken to indicate that all information on the Platform has been modified or updated.

1. As a condition of your access to and use of the Platform or Services, you agree that you will comply with all applicable laws and regulations when using the Platform or Services.

2. You agree to use the Platform or Services solely for your own private and internal purposes. You agree that

   1. you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Platform (the “Platform Content”), and

   2. you will not copy, reproduce, download, compile or otherwise use any Platform Content for the purposes of operating a business that competes with yuktix, or otherwise commercially exploiting the Platform Content. Systematic retrieval of Platform Content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from yuktix is prohibited. Use of any content or materials on the Platform for any purpose not expressly permitted in the Terms is prohibited.

3. You must read Yuktix Privacy Policy which governs the protection and use of personal information. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.

4. yuktix may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), AP or otherwise to such third parties’ web sites. You are cautioned to read such web sites' terms and conditions and/or privacy policies before using the Platform. You acknowledge that yuktix has no control over such third parties' web sites, does not monitor such web sites, and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites.

5. You agree not to undertake any action to undermine the integrity of the computer systems or networks of yuktix and/or any other User nor to gain unauthorized access to such computer systems or networks.

1. Each Member represents, warrants and agrees that

   1. you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder;

   2. you use the Platform and Services for business purposes only;

   3. the address you provide when registering is the principal place of business of your business entity;

   4. your business is validly existing and incorporated/established as per the provisions of applicable laws; and

   5. you shall comply with all applicable laws while using and accessing the Platform. For purposes of this provision, a branch or liaison office will not be considered a separate entity and your principal place of business will be deemed to be that of your registered office.

   We reserve the right to terminate your use of the Platform for violating any of the prohibited uses.

2. Each Member will be required to provide information or material about your entity, business or products/services as part of the registration process on the Platform or your use of any Service or the member account. Each Member represents, warrants and agrees that

   1. such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Platform or Service is true, accurate, current and complete; and

   2. you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.

3. Upon becoming a Member, you consent to the inclusion of the contact information about you in our Buyer Database and authorize yuktix and our affiliates to share the contact information with other Users or otherwise use your personal information in accordance with the Privacy Policy. The Platform offers you a choice to voluntarily provide your phone number to yuktix. The phone number provided by you and collected by yuktix during this process will be used by yuktix to contact you by telephone or SMS to provide details and information of Services offered by yuktix and impart product knowledge and you provide consent to yuktix to use your contact information for this purpose.

4. You are prohibited from using the Platform or its content:

   1. for any unlawful purpose;

   2. to solicit others to perform or participate in any unlawful acts;

   3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

   4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

   5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

   6. to submit false or misleading information;

   7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

   8. to collect or track the personal information of others;

   9. to spam, phish, harm, pretext, spider, crawl, or scrape;

   10. for any obscene or immoral purpose; or

   11. to interfere with or circumvent the security features of the Platform, other websites, or the Internet.

5. Each Member further represents, warrants and agrees that you shall/are:

   1. carry on your activities on the Platform in compliance with any applicable laws and regulations;

   2. conduct your business transactions with other Users of the Platform in good faith;

   3. carry on your activities in accordance with the Terms and any applicable Additional Agreements;

   4. not use the Services or Platform to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);

   5. not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;

   6. not engage in spamming or phishing;

   7. not engage in any other unlawful activities (including without limitation those which would constitute a criminal offense, give rise to civil liability, etc. or encourage or abet any unlawful activities;

   8. not involve attempts to copy, reproduce, exploit or expropriate yuktix various proprietary directories, databases and listings;

   9. not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;

   10. not involve any scheme to undermine the integrity of the data, systems or networks used by yuktix and/or any user of the Platform or gain unauthorized access to such data, systems or networks;

   11. Not engage in any activities that would otherwise create any liability for yuktix or our affiliates.

6. Member may not use the Services and member account to engage in activities which are identical or similar to yuktix business.

7. Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for yuktix provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member's failure to do so results in delay in, or suspension or termination of, the provision of any Service, yuktix shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.

8. Member acknowledges and agrees that yuktix shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Platform. yuktix does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.

9. Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Platform and Services are in compliance with the same.

1. If any Member breaches any Terms, or if yuktix has reasonable grounds to believe that a Member is in breach of any Terms, yuktix shall have the right to take such disciplinary actions as it deems appropriate, including without limitation:

   1. restricting, suspending or terminating the Member's account

   2. restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service;

   3. imposing other restrictions on the User's use of any features o functions of any Service as yuktix may consider appropriate in its sole discretion; and

   4. any other corrective actions, discipline or penalties as yuktix may deem necessary or appropriate in its sole discretion.

   5. yuktix has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading

   6. yuktix believes that the Member's actions may cause financial loss or legal liability to yuktix or our affiliates or any other Users.

2. yuktix reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, yuktix may disclose the Member's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. yuktix shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against yuktix for such disclosure.

3. Each Member agrees to indemnify yuktix, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or from your use of the Platform or Services, or from your breach of the Terms.

1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY YUKTIX ON OR THROUGH THE PLATFORM ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS", AND YUKTIX HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.

2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YUKTIX MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CORRECTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE PLATFORM; YUKTIX DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE PLATFORM DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND YUKTIX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE PLATFORM.

3. Any material downloaded or otherwise obtained through the Platform is done at each User’s sole discretion and risk and each User is solely responsible for any damage to yuktix computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from yuktix or through or from the Platform shall create any warranty not expressly stated herein.

4. The Platform may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall yuktix and our affiliates be held liable for any such services or products.

5. yuktix does not make any representations pertaining to the information, content, products or services included on or otherwise made available to You through or on the App. The warranties related to products and after sales services, if any related to products are subject to the terms provided by the seller to the buyer. yuktix does not have any control over such information and plays no determining role in the finalization of the same and hence does not stand liable for the outcomes of such terms.

6. Each User hereby agrees to indemnify and save yuktix, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Platform or Services, (including but not limited to the display of such User's information on the Platform) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save yuktix, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to yuktix.

7. We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is' and ‘as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of MERCHANTABILITY, merchantable quality, fitness for a particular purpose, durability, title, and non infringement. In no case shall yuktix, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct,indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

1. Under no circumstances shall yuktix be held liable for any delay or failure or disruption of the content or services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

1. yuktix is the sole owner or lawful licensee of all the rights and interests in the Platform and the Platform Content. The Platform and Platform Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Platform and Platform Content shall remain with yuktix, our affiliates or licensors of the yuktix Content, as the case may be. Al rights not otherwise claimed under the Terms or by yuktix are hereby reserved. All drawings, know-how, designs, specifications, inventions, devices, developments, processes, copyrights, trademarks, patents and applications therefore, and other information or intellectual property and all rights therein, in respect of the Platform and ancillary services (collectively, “Intellectual Property") will remain the property of yuktix and its affiliates and group entities. You shall have no claim to, nor ownership interest in, any Intellectual Property. You acknowledge that no license of rights of any sort are granted to you hereunder in respect of any Intellectual Property.

2. "yuktix", "GidaBits", and any other related icons and logos are registered trademarks or trademarks or service marks of yuktix, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

3. yuktix may have independent third parties involved in the provision of the Services (e.g.,the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.