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A. This document is an electronic record as per provisions of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes. This electronic record is generated by a computer system and does not require any physical or digital signatures.
B. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and Regulations, Terms of Use for access or usage of website of Y-Cook India Private Limited.
C. Y-Cook India Private Limited, a Company incorporated under Companies Act, 1956, whose registered office is at No. 304 A, Innovative Flora, 230/1, Thimmaiah Gardens, Cox Town, Bangalore 560005 (hereinafter referred to as “YCook”) maintains certain web pages accessible through www.tadaa.in and www.ycook.in (hereinafter referred to as “Website” or the “Site”) and allows use of and access to the site, subject to the terms and conditions below as applicable to the Website including the applicable policies which are incorporated herein by way of reference (hereinafter referred to as “Terms” or “Terms of Use”) and any other outstanding written agreements between you and YCook other than previous versions of these Terms. When you use any of the services provided through the Website, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, which shall be considered as part and parcel of this Terms of Use.
D. The terms “you” and “your”, as used in these Terms, refer to all individuals and entities accessing this site for any reason. These Terms affect your rights, and you should read them carefully. The term “We“, “Us“, “Our” shall mean YCook.
1. Acceptance of the Terms. By accessing, Browsing or otherwise using the site, you acknowledge and represent that you have read, understood, agree to be bound by, and accept these Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SITE. These Terms of Use sets out the legally binding terms, which constitute Your binding obligations with YCook The Terms of Use along with the Privacy Policy extends to both users, who visit the Website but do not transact business on the Website as well as users who are registered with by the Website to transact business on the Website (“Users”). Ycook reserves the right to modify or terminate any portion of the Website or the Services offered by Ycook for any reason, without notice and without liability to you or any third party. You are responsible for regularly reviewing these Terms of Use so that you will be apprised of changes, if any. Nothing in these Terms of Use should be construed to confer any rights to third party beneficiaries. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by YCook’s policies (including but not limited to Privacy Policy available on Click Here as amended from time to time. If you have any question about your obligations under these Terms, please email YCook at enquiry@ycook.in.
2. Changes and Updates to these Terms. YCook may, at their sole discretion, at any time, modify, add, or remove portions of these Terms, without any prior notice to you. It is your responsibility to check these Terms periodically for updates/ changes. By continuing to use the site after YCOOK’s posting of any changes, you agree to be bound by these Terms, as modified. Your access and use of the site is subject to the most current version of these Terms.
3. Right to Enter the site. As long as you comply with these Terms, YCook grants you a personal, non- exclusive, non-transferable, limited permission to enter and use the site. Any unauthorized use of the site terminates the permission granted by YCook to enter and use the site. No person under the age of 18 shall enter into any transactions on/ through the site.
4. Ownership and Use of Materials. All information, data, text, communications, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code contained on the site (collectively, “Materials”) are owned, controlled or licensed by or to YCook and are protected by copyright, patent, trade dress and trademark laws, and various other intellectual property rights. You may download, print, and view Materials from the site under these Terms as long as you use the Materials only for non-commercial, personal use and as long as you do not modify or alter the Materials. You may not copy, republish, distribute, prepare derivative works, modify, or otherwise use the Materials other than as expressly permitted by these Terms. YCook reserves the right to revoke at any time the authorization to view, download and print the Materials available via this site, and you must discontinue such use immediately upon notice from YCook.
The rights specified above to view, download and print the Materials available on this site are not applicable to the design, layout or look and feel of this site. Such elements of the site are protected by law, including trade dress, trademark, and other laws, and may not be copied or imitated. No trademark, service mark, graphic, sound or image from the site may be copied or retransmitted unless expressly permitted by YCook in writing.
5. Access Limits. Without YCook’s express written consent, you may not (a) use any automated means to access the site or collect any information from the site (including, without limitation, robots, spiders, scripts, or other automatic devices or programs), or (b) frame the site, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of “screen scraping,” “database scraping,” “deep-linking”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any other activity similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve the right to bar any such activity.
You may not use any meta tags or any other “hidden text” utilizing YCook’s name, trademarks, or service marks without the express written permission of YCook. You may not use any YCook logo or other proprietary graphic, trademark, or service mark as part of a link without express written permission from YCook. When you use the site and its Materials for an authorized purpose, you must include all proprietary notices without changing or hiding them. You agree that you will not use the site in any manner that is inconsistent with applicable law or that could damage, disable, overburden, or impair the site or interfere with any other party’s use and enjoyment of the site.
6. Registration Information; Security. To access certain portions of the site, you must be registered as a YCook user and use a username and password. You represent and warrant that all information you submit on the site is accurate in all respects and you agree to maintain the accuracy of such information. If YCook has reasonable grounds to believe that the registration information you provided is untrue, inaccurate, incomplete, or outdated, YCook may suspend or terminate your use of the site. YCook may disallow the use of any username that YCook deems offensive or inappropriate. You are responsible for preserving the confidentiality of your password and for the actions of persons accessing the site through your username and password. You agree to notify YCook immediately of any unauthorized use of your username or password. Registration is only a one-time process and if the Member has previously registered, he/she shall login / sign into his / her account.
7. User Warranties and Representations
8. Electronic Communications. When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise. By being a YCook customer, you authorize YCook to send electronic mail to you notifying you of changes or additions to this site or any of YCook’s products or services or any other promotional communications.
9. Privacy Policy. Your privacy is important to YCook. Please review YCook’s Privacy Policy regarding information We collect through your use of the site, the terms of which are incorporated herein by reference. For the purposes of these Terms, you agree that: (a) “reasonable security practices and procedures” means the Privacy Policy of the Ycook; and (b) accordingly, the rules of the Government of India notified under section 43A of the Information Technology Act, 2000 are hereby excluded.
11. User Obligations. You agree NOT to do any of the following while using the site:
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to GST, Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Customs Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
Solely to enable Us to use the information You supply Us with, so that We are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.
12. Posting Information on the site; Submissions. To operate the site, YCook requires certain rights. When you post text, files, links, attachments, photos, videos, or other materials or information (collectively, “User Content”) to visible areas of the site (such as chat areas, message boards, profile pages, or “blogs”), you are granting, or representing that
the owner of such User Content has granted, a worldwide, royalty-free, perpetual, irrevocable, sublicensable, transferable, fully paid up, non-exclusive right under all Intellectual Property Rights to use, copy, reproduce, modify, transmit, distribute, perform, analyze, remove and display such User Content (in whole or in part) and incorporate such User Content in other works in any form, media or technology. Excluding certain information contained in your profile, and subject only to restrictions in our Privacy Policy, all material, information, or ideas that you upload, publish, distribute, post, or disseminate on or through the site will be treated as non- confidential and non-proprietary, and may be used or disseminated by YCook or its affiliates for any purpose. You also acknowledge and agree that YCook is free to use any ideas, concepts, know-how, feedback, or techniques that you provide for any purpose without any compensation to you.
You grant YCook a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your User Content (other than personal information / sensitive personal information) in any existing or future media. You also grant YCook the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your User Content must not be illegal, offensive (including but not limited to material that is sexually explicit or which promotes racism, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, lascivious, ethnically objectionable, disparaging, menacing, threatens the unity, integrity, security and sovereignty of India or foreign relations with foreign states or contains software viruses or causes annoyance. The User Content must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or YCook or a third party under any applicable law.
You are responsible for the consequences of posting User Content regarding YCook or any third party, including other users, and agree to hold YCook harmless from any damages suffered or claims asserted by a third party as a result of any comment or information you choose to post or distribute. You may be held legally responsible for damages suffered by other users, YCook or other third parties as a result of legally actionable or defamatory comments, other comments or information, or User Content that you post to the site. YCook is not legally responsible for any comments, information, or other User Content posted or made available on the site by any user or third party, even if such information or User Content is defamatory or otherwise legally actionable. YCook is not responsible for your or another person’s misuse or misappropriation of User Content or for your interactions with others on the site. YCook is also not responsible for and does not monitor or censor User Content for accuracy or reliability. YCook however, may remove or restrict access to information or User Content posted or made available on the site by its users or
any third party if ordered to do so by a court or if YCook considers such information or User Content to be in violation of these Terms, posted rules or its policies and procedures. YCOOK IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON THE SITE.
13. Links to External sites. YCook may provide links on the site to other independent websites on the internet that are owned and operated by third party vendors or other third parties not under the control of YCook These links are not intended as an endorsement by YCook of the entity or individual operating the Website or a warranty of any type regarding the Website or the information on the Website. By using this site, you acknowledge that YCook is not liable or responsible for any damage or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
14. Accuracy of Information on the site. YCook attempts to provide only accurate information, but some inaccuracies may occasionally be present. By using the site you acknowledge that YCook will not be liable or responsible for any damage or loss caused by or in connection with the use of or reliance on any information on the site. If you find any information on the site to be inaccurate, please alert YCook at enquiry@ycook.in
15. Termination. YCook may suspend or terminate your use of the site for any reason, including, without limitation, if YCook believes that you have violated or acted inconsistently with these Terms. YCook may also modify or discontinue providing the site, or any part thereof, with or without notice. YCook is not liable to you or any third-party for any termination of your access to the site, or any modification or termination of the site.
16. No Warranty; Disclaimers. THE SITE IS PROVIDED ON “AS IS,” AND “AS AVAILABLE” BASIS. YCOOK EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, YCOOK DOES NOT PROMISE OR WARRANT TO YOU THAT ANY ASPECT OF THE SITE WILL WORK PROPERLY, OPERATE ERROR-FREE, OR BE AVAILABLE CONTINUOUSLY. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YCOOK OR THROUGH OR FROM THE SITE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. Without prejudice to the forgoing paragraph, YCook does not warrant that:
17. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YCOOK AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (A) ARE NOT LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF YCOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER ARISING (INCLUDING NEGLIGENCE), AND (B) WILL IN NO EVENT BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SITE OR THESE TERMS IN AN AMOUNT GREATER THAN Rs.500/-.
18. Dealings with Advertisers or Partners. Your correspondence or business dealings with or participation in promotions of advertisers or partners found on or through the site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and that advertiser or partner. You agree that YCook is not responsible or liable for any loss or damage incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the site.
19. Intellectual Property. All Materials are the property of YCook or the parties specifically indicated, and are protected by copyrights, trademarks, patents, trade secrets, and other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”). Except as expressly provided in these Terms, YCook does not grant any express or implied right to use the Materials. The collection, arrangement and assembly of any Materials are the exclusive property of YCook or its licensors and are protected by Indian and international intellectual property laws, including copyright laws. All software used on this site is the property of YCookor its software suppliers and are protected by Indian and international intellectual property laws, including copyright laws. “TADA”, “YCOOK” logos and service names are trademarks of YCook. All other marks contained on this site are the property of the parties indicated.
20. Indemnity. You agree to indemnify, defend and hold harmless YCook and its subsidiaries, affiliates, officers, agents, co-branded partners or other partners, employees, owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim, damages, demand, expenses, losses, liabilities or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to, arising from or related to (a) your violation of these Terms, (b) your use of the site, (c) User Content that you submit, post to, or transmit through the site, (d) your access to or use of linked sites, and (e) any dealings between you and any third parties advertising or promoting via the site or Software.
21. Void Where Prohibited. YCook may either directly or indirectly control, operate, or administer the site from its offices in Bangalore, India or through the offices of any of its agents. Although the site is accessible worldwide, not all features, products or services offered through or on the site are available to all persons or in all geographic locations, or appropriate or available for use outside India. YCook reserves the right to limit the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the site is void where prohibited. If you choose to access the site from outside India, you do so on your own initiative, and you are responsible for complying with applicable local laws.
22. Breach of the Agreement. Without prejudice to Ycook’s other rights under this Terms, if you breach any provision of this Terms, Ycook shall be entitled to take such action as it deems appropriate, including terminating your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or pursuing a legal action against you.
23. Assignment. Ycook may transfer, assign, sub-contract or otherwise deal with its rights and/or obligations under these Terms without notifying you or obtaining your consent. You may not transfer, assign, sub-contract or otherwise deal with your rights and/or obligations under this Terms.
24. General. YCOOK’s failure to act in a particular circumstance, including any failure by YCook to enforce or exercise any provision of these Terms, does not waive the ability to act with respect to that circumstance or similar circumstances in the future. YCook will be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its reasonable control. No agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms. YCook may assign its rights and obligations under these Terms to an entity that acquires all or substantially all of the assets of YCook or to any subsidiary or successor in a merger or acquisition involving YCook These Terms, in addition to any other written agreement between you and YCook constitute the entire agreement between YCook and you with respect to your access to or use of the site, superseding any prior versions of these Terms. If an express conflict exists between these terms and a written agreement between you and YCook such written agreement supersedes these Terms.
. 25 Special Provisions Applicable to Users Outside India. You have given us your express and informed consent to transfer any data or other information that you provide to us to India and to process it in India.
26. Payments made through Website. You understand, accept and agree that the payment facility provided through the Website is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through collection and remittance facility for the transactions on the Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, YCook is neither acting as a trustee nor acting in a fiduciary capacity with respect to any transaction through the Website.
All payments made through the Website including all Valid Credit / Debit/ Cash Card/ Online Bank Transfers from Valid Bank Accounts and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between You and the respective Issuing Bank and payment instrument issuing company (if applicable)
While availing any of the payment method/s available on the Website, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
27. Grievance officer. In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Name: Dr. Gayathri Swahar,
Address: 134/1, Kolathur Village, Hosakote Hobli, Banagalore – 562114, Karnataka, India.
Email: enquiry@ycook.in
Time: Monday – Friday (9:00 – 18:00)
28. Applicable Law and Jurisdiction. Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. All disputes shall be subject to the exclusive jurisdiction of the courts at Bangalore, India.
29. Contact Us. Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.
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