Yellow - Terms of Service

‘Digital Succession Solutions Private Limited (“DSSPL” and/or “Yellow”)’ offers various plans to the Users (‘User’) of its Platform (“Yellow Plan”), that gives the User, the ability to create their Wills and get access to exclusive benefits for an affordable price. Yellow Plan also comes with exclusive access to discounts and deals offered through our partnerships. Yellow is continuously updating the offers and forming new partnerships that are carefully curated to offer the Users the best in financial, health, family wellness and protection solutions.

The specific details regarding the Yellow program are provided below: 

S. No.
Plan
Particulars
1.
Starter Will
Create a Will using the online tool.
Obtain downloadable PDF of the completed Yellow Will.
On-demand helpdesk support to create the Will on the Yellow app.
Make any changes you need to your Will for 12 months.
Create your Will within 1 year from the date of plan purchase
2.
Pro Will
Create a Will using the online tool.
Obtain downloadable PDF of the completed Yellow Will.
On-demand helpdesk support to create the Will on the Yellow app.
Make any changes you need to your Will for 12 months.
Two 1-on-1 video calls with a legal expert to assess the situation and guide in making the Will.
One free credit to print & ship your Will anywhere in India
Create your Will within 1 year from the date of plan purchase
3.
Yellow SMART
(Yearly subscription)
1 year of Yellow SMART coverage (i.e. post demise asset transfer service to execute your Will) at a locked-in rate based on the age at sign up.
4.
YES- Yellow Executor Support (Yearly subscription)
1 year of YES coverage (i.e. post demise asset transfer online support)

The nature of services provided to a User may vary on a case-by-case basis and hence the applicable Terms of Service of Yellow or any third-party service provider shall apply.

By subscribing to any of the ‘Yellow Plan’, the User hereby agrees to be bound by terms and conditions of such Plan as provided below.

Upon subscribing to any of the ‘Yellow Plans’, the User is granted to make any changes to their Will for 12 months. If the User opts not to renew the Yellow Plan, they shall still have access to their Will generated and stored in the app, which will remain accessible to them until they elect to remove such content.

Digital Succession Solutions Private Limited (hereinafter referred to as ‘DSSPL’, ‘we’, ‘us’ or ‘our’) operates this mobile and/or web application-based platform under the brand name ‘Yellow’ (“Platform”). DSSPL, through the Platform, provides access to services pertaining to succession planning, including, without limitation, providing assistance in preparing wills and other allied documents pertaining to succession and estate planning (“Services”). 

These Terms and Conditions of Service (“Terms of Service”) lay down the terms on which you can access or use the Platform and/or any Services provided therein. These Terms of Service applies to an individual who, whether acting personally or on behalf of any other person or an entity, accesses or uses the Platform and/or any Services provided therein, or otherwise is a visitor on the Platform (hereinafter referred to as ‘you’ or ‘your’, ‘yourself’ or ‘User’).

By accessing or using the Platform and/or any Services provided therein, you signify your agreement to be bound by these Terms of Service, the Platform’s (“Privacy Policy”) currently located at Privacy Policy and any additional rules, guidelines, policies, terms and conditions that may be applicable to any Services and are notified to you at the time you avail such Services (“Additional Terms”). The Privacy Policy and Additional Terms (if applicable) are deemed to be incorporated herein by reference. In case of any conflict between these Terms of Service and the Privacy Policy or these Terms of Service and Additional Terms (if applicable), these Terms of Service shall prevail and control with respect to the subject matter thereof, unless otherwise provided in the Privacy Policy or the Additional Terms (if applicable).

DSSPL may, for improving the experience of Users, publish concise and abbreviated informative posts about transacting on the Platform, in relation to the Services or the subject matter of the Services, including without limitation, by way of publishing frequently asked questions, guidance notes or blogs in respect of the Services or the subject matter of the Services (“Informative Posts”) such as, frequently asked questions about wills, guidance notes or tips with respect to preparation of will etc. It is clarified that in the event of a conflict between such Informative Posts and these Terms of Service, these Terms of Service shall prevail in respect of all matters which form the subject matter of these Terms of Service.

We reserve the right to change, modify, amend, alter, limit, suspend, terminate, discontinue or remove (as the case may be) the Platform, the contents thereof (including the Informative Posts), the Services, and these Terms of Service, either wholly or in part, at any point in time, at our sole discretion, without any prior intimation to you. We may prescribe certain limits on the use of the Platform and/or Services, at our sole discretion, without any prior notice to you. We also reserve the right to introduce and initiate new features, functionalities, components to the Platform or the Services without any prior notice to you. From time to time, DSSPL may make available updates or upgrades to the Platform or any part thereof and you hereby consent to DSSPL applying updates or upgrades. Such updates or upgrades may occur automatically without the need for any act on your part. Certain functions or features of the Platform and/or Services may be modified or discontinued as a result of any such update or upgrade or may not be available if you are not using the latest version of the Platform.

All modifications/amendments to these Terms of Service will be posted on the Platform and will become effective immediately upon such posting to the Platform. Your continued use of the Platform and/or Services after such change or modification shall be deemed to be your agreement to the revised/modified Terms of Service. Please review these Terms of Service regularly to remain informed of any change. These Terms of Service shall constitute an electronic record within the meaning of the Information Technology Act, 2000, the ancillary rules made thereunder and all other applicable laws as amended from time to time. It is clarified that this electronic record is generated by a computer system and does not require any physical or digital signatures by us, you or any other person.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM AND/OR ANY SERVICES INDICATES YOUR AGREEMENT TO AND ACCEPTANCE OF ALL THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE, AS MODIFIED FROM TIME TO TIME. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU ARE NOT PERMITTED/ AUTHORIZED TO ACCESS OR USE THE PLATFORM AND/OR ANY SERVICES PROVIDED THEREIN. WITHOUT LIMITING ANY RIGHT WE MAY HAVE UNDER THESE TERMS OF SERVICE OR UNDER ANY APPLICABLE LAW, WE RETAIN THE RIGHT TO DENY ACCESS TO THE PLATFORM AND/OR REFUSE THE PROVISION OF SERVICES TO ANY USER WHO WE BELIEVE HAS VIOLATED ANY PROVISION OF THESE TERMS OF SERVICE OR DOES NOT ACCEPT THESE TERMS OF SERVICE. WE WILL NOT BE HELD LIABLE FOR ANY CONSEQUENCES OR LIABILITIES ARISING FROM YOUR UNAUTHORIZED ACCESS TO OR USE OF THE PLATFORM AND/OR ANY SERVICES PROVIDED THEREIN.

1. ELIGIBILITY 

  • You will be eligible to avail the Services and/or enter into transactions on the Platform only if you are competent to contract under the Indian Contract Act, 1872. A person is competent to contract under the Indian Contract Act, 1872, if he/she is above eighteen (18) years of age, is of a sound mind, and is not disqualified from contracting by any law to which he/she is subject. You also represent and warrant that you will use the Platform and the Services out of your own volition.
  • As a minor, if you wish to use or transact on the Platform, such use or transaction shall only be made by a person of legal contracting age (legal guardian or parent). We reserve the right to block access to the Platform if it is discovered that you are a minor or incompetent to contract according to the law.
  • Please note that the Platform and the Services are available to and directed at Users for assets situated in India. In case you wish to avail any Services, you will be able to do so with credit/debit card or online payment facility and with delivery to an Indian address.

2. ACCOUNT 

  • Upon visiting the Platform, you would be permitted to access certain parts or sections of the Platform and view certain Informative Posts and certain details of the Services on the Platform without revealing your identity or any personal information about yourself, provided that DSSPL may, in future, limit the aforesaid access to certain parts of the Platform, Informative Posts and certain details of the Services and render them accessible only by creating an Account (as defined herein) on the Platform and/or on a paid basis. At such time, you would be required to fulfil the aforesaid condition(s). You may not be able to access certain parts or sections of the Platform or avail/access Services in accordance with the terms contained herein unless you register with and create an account on the Platform (“Account”) and reveal/disclose your identity and other information as specified in the Privacy Policy or as may be specified at the time you create an Account, or in the event you already have an existing Account, unless you login using your existing Account credentials and the login mechanism extended by us. Additionally, you will have to confirm that you have read and agreed to these Terms of Service, the Privacy Policy and the Additional Terms (if applicable) through such mechanism as may be extended by us on the Platform. You may be required to submit a one-time password for verification purposes at the time you create an Account on the Platform or at the time you login to your existing Account. Additionally, you will be required to provide your mobile device’s biometric login to access the Platform to ensure security. 
  • You are responsible for maintaining the confidentiality of your Account and for restricting access to the contact number linked to your Account. Any and all actions performed by any person using your Account shall be deemed to have been committed by you and you shall be liable for the same.
  • You agree to provide such other information as may be requested from you, from time to time, in order for you to be entitled to avail any Services.
  • We may restrict, suspend, terminate your access or usage rights to the Platform and/or your ability to avail any of the Services, at any time, if we believe, in our sole and absolute determination, that you have breached these Terms of Service, the Privacy Policy and/or Additional Terms (if applicable). Any such restriction, suspension, or termination will be without prejudice to any rights that we may have against you hereunder, at law or in equity in respect of your breach of these Terms of Service, the Privacy Policy and/or Additional Terms (if applicable).
  • You shall not have more than one active Account on the Platform. Additionally, you are prohibited from transferring your Account to any third party or impersonating any other person for the purposes of creating an Account on the Platform and/or accessing or using any Services provided therein.
  • You agree that your ability to access the Platform, sign in/log in to your Account or access or use any Services provided on the Platform is dependent upon external factors such as your device’s compatibility with the Platform and internet network connectivity, and we shall not be liable to you with respect to your inability to access the Platform, sign in/log in to your Account or access or use any Services provided on the Platform.
  • You agree to access or use the Platform, your Account and/or any Services provided on the Platform in compliance with all applicable laws and only for purposes for which they are permitted to be used.
  • While we have no obligation to monitor your access to or use of the Account and/or any Services provided on the Platform, we have the right to do so for the purpose of operating the Platform and providing the Services, ensuring your compliance with these Terms of Services, the Privacy Policy, the Additional Terms (if applicable) and applicable laws.
  • You will be liable for any losses, claims or liabilities incurred or suffered by us due to any unauthorized access to or use of your Account as a result of any breach or negligence on your part, including without limitation, your failure in keeping your Account information secure and confidential.
  • If your Account, or your access to or use of the Platform, is terminated or deactivated for any reason whatsoever, we may delete any information or materials relating to your use of the Platform and/or any Services provided therein, and we shall have no liability to you or any third party for doing so. However, your transactions and any other details may be preserved by us for purposes of tax or regulatory compliance or to fulfil any purposes provided in the Privacy Policy.

3. SERVICES 

  • The Services that we intend to offer to you through the Platform are as follows:
    (i.) Providing assistance in creating your will through the ‘Yellow Will’ plan/service which allows Users to create their will on the Platform; 
    (ii.) ‘Talk to an Expert’ service; and
    (iii.) Any other services as may be determined by us from time to time.
  • We may offer different kinds of plans for the Services, each of these plans will be subject to different limitations, features and restrictions and the fee/charges of each of these plans may vary. Your Account will give you access to avail only those Services that you have subscribed to in accordance with the terms contained herein or in the Additional Terms (if applicable) and only for the period that the plan subscribed by you offers. 
  • In the event you share your personal information and/or sensitive personal information with us in the course of availing any Services, you voluntary consent to us using such information, in accordance with the Privacy Policy, for the purposes of providing the Services to you.
  • When you avail the Yellow Will services, you would be required to fill in all the requisite details as per the format and in the manner provided for in the Platform to complete your will. Any information or document which is not in accordance with the prescribed format provided on the Platform would not be accepted by the Platform. You are required to save all the details as per the format and instructions provided on the Platform. 
  • You understand and agree that if you avail the ‘Talk to an Expert’ service available on the Platform, we may record the conversation (including audio recording) of any session conducted to provide such ‘Talk to an Expert’ service to you, for, including without limitation, quality, safety and/or reference purposes, which may be referred to in case of any complaints/disputes and/or to provide Services to you. You hereby provide your consent out of your own free will with respect to recording of such conversation. Unless we agree otherwise, you will not be entitled to request rescheduling of any call session to be conducted pursuant to your booking of ‘Talk to an Expert’ service on the Platform. We shall not be liable to you and nor shall we be liable to refund any Talk to an Expert Fee (as defined herein) paid by you for availing ‘Talk to an Expert’ service if you are unable to attend the call session conducted to provide such service to you for any reason whatsoever. Further, please note that you have the option to reschedule up to 2 hours before the scheduled call session; however, beyond this timeframe, we shall not provide any refund or other alternate remedies upon your failure to attend the call.

4. SERVICES FEE 

  • The fee/payment payable for availing Yellow Will services shall hereinafter be referred to as “Yellow Will Fee” and the fee/payment payable for availing ‘Talk to an Expert’ services shall hereinafter be referred to as “Talk to an Expert Fee”. Yellow Will Fee and Talk to an Expert Fee shall hereinafter be collectively referred to as “Services Fee”. In order to avail any of the Services provided on a paid basis, you would be required to make payments of the Services Fee applicable to the Services you choose to avail. The Talk to an Expert Fee payable for availing ‘Talk to an Expert’ service is fully payable and will be billed at the time you register/subscribe for it, and unless we agree otherwise, you shall not be allowed to avail ‘Talk to an Expert’ service before making full payment of the Talk to an Expert Fee with respect to such Services. The Yellow Will Fee payable for availing Yellow Will service is fully payable and will be billed at the time of checkout before a User’s will is generated on the Platform. It is hereby clarified that you must make full payment of the Yellow Will Fee before your will is generated on the Platform and dispatched for delivery, and emailed to you. Once your payment of Yellow Will Fee is processed and completed, you will be allowed to preview your will generated on the Platform as digital content; however, you will not have the option and will not be allowed to download your will generated on the Platform on any of your devices. Within three (3) days of the generation of your final will on the Platform, we shall email your final will generated on the Platform at the email address provided by you at the time of check out and shall dispatch the physical printed copy of your final will generated on the Platform at the address nominated by you at the time of checkout. The delivery period or estimated date of delivery of your final will generated on the Platform to the address nominated by you at the time of checkout will be notified to you by us. However, please note that all delivery periods quoted are approximate only and may vary, and we shall not be liable for any delays or failure in the delivery of your final will generated on the Platform to the email address/physical address nominated by you at the time of checkout for any reason attributable to a Force Majeure Event. A “Force Majeure Event” shall mean any event that is beyond the reasonable control of DSSPL and shall include, without limitation, an act of God, fire, flood, explosion, unavailability of any communication or transportation system, religious strife, war or military operations, an act of terrorism, invasion, industrial action of any kind, partial or total strikes, either internal or external, industrial or governmental lockdown, epidemic or pandemic, riot, civil commotion or disorder, rebellion, insurrection, military or usurped power or civil war; acts of governmental or judicial authority. When you avail the Yellow Will services, we will in the future provide you with the option to mention the place/location/address where you have kept the physical copy of your will generated pursuant to availing the Yellow Will services. Once this feature is activated, we will notify the executer(s) and beneficiary(ies) of your will about the place/location/address where you have kept the physical copy of your will generated pursuant to availing the Yellow Will services upon receiving proof of your demise.
  • As a general matter, the Services Fee billed are non-refundable and non-cancellable, irrespective of whether you avail of the Services or any part thereof. It is clarified that if we suspend or terminate your access to or use of any Services due to any breach on your part of these Terms of Services, the Privacy Policy or the Additional Terms (if applicable), we will not be liable to refund any part of the Services Fee paid by you. We offer refunds solely for any technical payment errors whereby one payment made to us gets processed multiple times, for which we shall refund only the repeated payments credited to our bank account, upon your written request. For example, while processing a payment of INR X, if we are credited INR 2X by your bank, we shall be obliged only to refund INR X and not INR 2X. Any technical payment errors are not attributable to us, and we shall not be bound to refund any repeated payments which have not been credited to our bank account. If you are entitled to such a refund under these Terms of Service, we will credit that refund to the card or other payment method you used to submit payment, unless it has expired, in which case we will contact you. 
  • The payment of the Services Fee can be made through such methods as may be notified to you at the time of payment of the Services Fee. You agree to bear all charges which may be incurred in the course of processing such payment. 
  • All payments of Services Fee to be made for availing any Services shall be through a third party payment gateway accessible from the Platform. Currently, the third-party payment gateway on the Platform is extended by Razorpay (https://razorpay.com/) (“Payment Gateway Provider”) and the Payment Gateway Provider may be contacted at https://razorpay.com/support. You understand and agree that you will be required to follow all the terms and conditions of such Payment Gateway Provider with respect to processing of payment of the Services Fee. We, in no way, take responsibility for or accept liability of whatsoever nature in respect of any loss or damage that you may suffer, whether directly or indirectly, arising out of your interactions with the payment gateway/Payment Gateway Provider or your inability to process/make a payment of the Services Fee. In the event of any disputed payments made with respect to the Services Fee or any complaint related to payment processing, we will pass on the dispute/complaint to the Payment Gateway Provider for resolution. This shall be the extent of our obligation in this regard.
  • Upon confirmation of receipt of the Services Fee to us, we will grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable right and license to avail the relevant Services for which you have paid the Services Fee, in accordance with the terms contained herein. It is hereby clarified that you are prohibited from transferring your subscription to or purchase of any Services to any third party. 
  • You agree and understand that we reserve the right to change, terminate, increase, decrease or otherwise amend the Services plans, Yellow Will Fee or Talk to an Expert Fee or billing cycles at our sole discretion and at any time. You will be given an advance notice with respect to such amendments/changes and your continued use of the Services shall be deemed to be your conclusive acceptance of such amendments/changes.

5. KYC AND VERIFICATION OF USER IDENTITY 

  • You understand and agree that at the time of your registration on the Platform and/or before availing any Services and/or on a later date and/or from time to time, for using the Platform and/or availing and/or continuation of availing of any Services, we may make such enquiries or carry out such due diligence as we may feel necessary or as we are obligated under law to verify your identity, including for implementation of Know Your Customer (KYC). You agree to cooperate fully with us in this regard and submit necessary documents and/or identity proofs, such as government-issued and recognised identity document(s), address, photograph and any such documents/information that we may require to verify your identity and to meet with KYC and/or other statutory/regulatory requirements. As and when required by us, you will be required to provide additional documents and/or information for fulfilling the KYC requirements and/or other statutory/regulatory requirements. You undertake to promptly update us in case of any change in your current information or verification documents submitted by you on the Platform
  • We reserve the right to restrict or terminate your Account and/or access to Services, with or without notice to you, in the event the documents/information provided by you for your identity verification purposes is found to be incorrect, or the authenticity of such documents/information is found to be doubtful.

6. USER REPRESENTATIONS AND WARRANTIES 

  • You represent, warrant and covenant that:
    (a) you will fulfil all your obligations under these Terms of Service, the Privacy Policy and Additional Terms (if applicable) in good faith;

    (b) you will not access or use the Platform or any Services through any device that you do not own and control and the mobile phone number that you provide at the time of registering for an Account is registered in your own name; and

    (c) you have all necessary rights in and to all information, documents, Personal Record(s) (as defined in the Privacy Policy) and materials you provide/share on the Platform and/or pursuant to availing any Services and no information, documents, Personal Record(s) and materials of any kind provided/shared by you on the Platform and/or pursuant to availing any Services will violate, plagiarize, or infringe upon the rights of any third party, including, without limitation, any intellectual property rights or privacy rights of any third party.
  • If you provide us with personally identifiable or other information relating to any third party during the course of availing any Services, you warrant that you have received that third party’s consent for such disclosure.
  • The Account of any User found to be creating an account or providing information on the Platform in proxy or in violation of any rights of any third party will be liable to be immediately terminated, and we reserve the right to take further action against such User as we deem fit, at law or in equity, without prejudice to any right we may have under these Terms of Service.

7. PRIVACY 

  • We respect your privacy. Our Privacy Policy explains the nature and type of data, personal information and sensitive personal information we collect from Users, the usage, processing, treatment, storage, maintenance, transfer, sharing and disclosure of such data and information, and the safety and security measures adopted by us to safeguard such data and information. By accepting these Terms of Service, you agree that we can use, process, treat, store, maintain, transfer, share and disclose your data and other information in accordance with the Privacy Policy.

8. RESTRICTIONS 

  • We specifically prohibit any unauthorised commercial use or other unauthorised use of the Platform and the Services, and you agree not to do any of the following which shall constitute misuse of the Platform:

    (i) infringing or violating any third party’s rights (including, but not limited to, intellectual property rights, rights of privacy such as unauthorized disclosure of a person’s name, email address, physical address or phone number);

    (ii) infringing or violating any third party’s rights (including, but not limited to, intellectual property rights, rights of privacy such as unauthorized disclosure of a person’s name, email address, physical address or phone number);

    (iii) posting, uploading, publishing, sharing, updating, or transmitting any information or otherwise engaging in interactions on the Platform that contains viruses, time bombs, trojan horses, cancelbots, spiders, worms or other harmful or deleterious components, devices or programmes, including those designed to interrupt, destroy or limit the functionality of the Platform and/or any Services;

    (iv) accessing or viewing the Services with the use of any scripts, extensions, or programs that alter the way the Services are displayed, rendered, or transmitted to you;

    (v) using the Platform to collect, or attempt to collect, personal information about any User without their knowledge or consent, or to engage in “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of Users or other data;

    (vi) trying to gain unauthorised access to the Platform or any Services or exceeding the scope of authorised access to the Platform or any Services or using the will or other documents generated pursuant to your use of any Services in an unauthorized or unlawful manner;

    (vii) using the Platform for any activity which adversely affects the ability of any other User to access or use the Platform or the Services; 

    (viii) attempting to decipher, decompile, disassemble, derive the source code of, or reverse engineer any of the software comprising or in any way making up a part of the Platform or create derivative works of any application, software or component of the Platform or any part thereof, or tamper or remove any copyright, trademark or watermark from any Informative Posts, materials or documents (including, a User’s will) provided/generated on the Platform; 

    (ix) using the Platform for any improper, unlawful, or immoral purpose;

    (x) Platform to create, host, or transmit unsolicited advertising material to other Users;

    (xi) using the Platform to create, host, or transmit any material or information in violation of any applicable laws;

    (xii) using the Platform to access, or attempting to access, the accounts of other Users of the Platform or to penetrate or attempt to penetrate our or a third party’s security measures, computer software, hardware, electronic communication systems, or telecommunications systems;

    (xiii) impersonating any person or entity;

    (xiv) obtaining any materials or information through any means not intentionally made available or provided for through the Services;

    (xv) creating applications, extensions, or other products and services that use any Platform’s content without our permission; and

    (xvi) except as expressly authorized by law or by us, you are not entitled to reproduce, transmit, license, sell, publicly perform, distribute, adapt, translate, modify, bundle, merge, share, or otherwise make available to any person, or to create derivative works of, any or all of the materials, documents or content available on the Platform or provided pursuant to the provision of Services, including Informative Posts, or to use it for commercial purposes.
  • The aforementioned list under Clause 8.1 only serves to provide examples and is not meant to be an exhaustive list of the type of unacceptable uses of the Platform or the Services. In the event of breach or non-compliance by any User of any of the terms contained in Clause 7.1, we may, in our sole and absolute discretion, restrict, cancel or terminate the User’s ability to use or access the Platform and/or Services, and we reserve the right to take further action against such User as we deem fit, at law or in equity, without prejudice to any right we may have under these Terms of Service.

9. FEEDBACK AND TESTIMONIALS 

  • If you provide any feedback, suggestions, ideas, comments, recommendations (“Feedback”) to us relating to the Platform and/or the Services, including without limitation, concerning the features, functionality, performance of the Platform (including identifying potential errors and improvements), you agree to, assign to us all rights, title, and interest in and to the Feedback, on a royalty-free, non-revocable, assignable, transferable, exclusive and worldwide basis. We shall be free to use, copy, modify, disclose, license, transfer, assign, distribute and exploit the Feedback without payment or restriction in any manner whatsoever, without requiring any further consent from you and without any obligation towards you.
  • If you provide any testimonial(s) to us regarding your use of/experience with the Platform and/or Services, you agree to, assign to us all rights, title, and interest in and to such testimonial(s), on a royalty-free, non-revocable, assignable, transferable, exclusive and worldwide basis. We shall be free to use, copy, modify, disclose, license, transfer, assign, distribute and exploit such testimonial(s) along with your name, place of residence and/or photograph, including without limitation, for advertisements or promotions that we may display on the Platform or any other marketing channel (including any digital, television, print or publication channel), without payment or restriction in any manner whatsoever, without requiring any further consent from you and without any obligation towards you.
  • You agree that we may use your testimonial with or without your name or with a fictitious name, and may make reasonable edits or alterations to your testimonial, provided that the meaning of your comments and statements is not substantially changed. You hereby release and agree to hold harmless DSSPL, its agents, employees and assigns, and anyone authorized by any of them, from any and all claims, rights, demands, damages, actions or liability which you, your heirs, executors, administrators or assigns, may have in connection with the use of the testimonial provided by you or the resulting advertising. You understand that we have no obligation to use your testimonial, and may elect to use or not to use your testimonial (or any derivative work created from your testimonial) in our sole discretion.

10. INTELLECTUAL PROPERTY RIGHTS

  • Unless otherwise indicated, we are the exclusive owner and/or authorised user of all intellectual property rights appearing on or contained within the Platform, including all material, information, content (including, but not limited to, text, images, icons, proprietary logos, designs, web pages, sounds, software, code, interface, and website structure), video, the look and feel, design and compilation thereof on or contained within the Platform and any document, data, papers provided to you pursuant to the provision of the Services. Except as provided in these Terms of Service, your use of the Platform and/or any Services does not grant you any right, title, interest, or license to any such intellectual property rights. Without prejudice to the foregoing, we may, at our sole and exclusive discretion, grant to you a personal, non-commercial, non-exclusive, non-transferable, revocable right to use, view or download content or materials, which are the intellectual property rights of DSSPL, for the sole purpose of enabling you to avail the Services. 
  • You retain all rights in your data and information, including Personal Record(s). You grant us a royalty-free, revocable, assignable, transferable, sub-licensable, worldwide right and license to use, modify, keep, share, save, copy, download and/or utilise, your data and information, including Personal Record(s), for the purpose of providing the Services to you and for such purposes as set out in these Terms of Service, the Privacy Policy and the Additional Terms (if applicable).

11. COMMUNICATION 

  • When you visit the Platform or reach out to us, either directly or indirectly, using any medium, with the intention of enquiring and/or availing our Services, you are communicating with us electronically. We may communicate with you by/using e-mail, SMS, internet-based messaging applications like WhatsApp, Communication Mechanism(s) (as defined in the Privacy Policy) available on the Platform, phone call or by posting notices on the Platform or by any other lawful mode of communication, in respect of any Services, in respect of queries posed by you, in respect of any customer support requested by you, or for other purposes set out in these Terms of Service, the Privacy Policy or Additional Terms (if applicable). You hereby unconditionally consent that such communication by us is:

    (i) upon your request and authorization;

    (ii) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI), and

    (iii) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.
  • You hereby agree and assure that while communicating on the Platform or otherwise with our support agents or representatives using any Communication Mechanism(s), you shall not use abusive and derogatory language and/or post any objectionable information/content that is unlawful, threatening, defamatory, or obscene. In the event you use abusive language and/or post objectionable information/content, we have the right to suspend your access to and usage of any Communication Mechanism(s) and/or block your access to and usage of the Platform, at any time with or without any notice.
  • If you create an Account and provide us with your contact information (including your phone number and/or e-mail address), we may contact you to provide you with information and updates about the Platform and/or Services. We also use such contact information to send out information of occasional promotional materials and new Services available and for such purposes as provided in these Terms of Service, the Privacy Policy or Additional Terms (if applicable).
  • You shall indemnify us against all types of losses and damages incurred by us due to any action taken by TRAI, Access Providers (as defined under the TRAI regulations) or any other applicable authority due to any erroneous complaint raised by you against us with respect to the communications mentioned above or due to an incorrect contact number or email id being provided by you for any reason whatsoever.

12. WARRANTY AND LIABILITY DISCLAIMER  

  • As a User, you acknowledge that your use of/reliance on the Platform, any Services or Informative Posts is at your own risk and that you are using your best and prudent judgment before using/relying on the Platform, any Services, Informative Posts or entering into any transactions through the Platform. You further acknowledge and agree that you will use the Platform for availing any Services for your personal use only.
  • To the maximum extent permitted by applicable law, the Platform, all the materials, Services and Informative Posts, included on or otherwise made available to you through the Platform is provided “as is” and “as available”, with all bugs, defects and faults and without any representation or warranties, express or implied except otherwise specified herein. Without prejudice to the foregoing, we hereby disclaim all warranties and conditions with respect to the Platform, Services and Informative Posts, either express, implied or statutory, including, without limitation, any implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, of title and of non-infringement of third-party rights. We do not represent or warrant that:
    (i) the Platform, Services, Communication Mechanism(s) or Informative Posts will meet your specific requirements or expectations or achieve any intended results;

    (ii) the Platform, Communication Mechanism(s) or Services will be uninterrupted, timely, secure, or error-free, or that any defects or errors in the Platform, Services or Informative Posts will be corrected;

    (iii) the Platform, Services, Communication Mechanism(s)  or Informative Posts will be constantly available, or available at all; and

    (iv) the Informative Posts, Third Party Content (as defined herein), DSSPL Representative(s) Communication (as defined herein), Chatbot Communication (as defined herein), results/end product of the provision of the Services or any advice, recommendation or information, including any document, data, papers embodying the aforesaid advice, recommendation or information, that may be given or provided to you with respect to/in the course of the provision of the Services will be accurate, complete, valid, legally enforceable, useful or reliable.
  • You understand and agree that when you use any Communication Mechanism(s) except ‘Talk to an Expert’ service, we may, in lieu of providing direct contact with a live DSSPL Representative(s), deploy a chatbot, i.e., a software application to conduct online chat conversation (text or text-to-speech) with you to automate conversations or any part thereof (“Chatbot Communication”). No oral or written information, recommendation or advice given during any Chatbot Communication or by any employee, consultant, representative, agent or service provider of DSSPL (“DSSPL Representative(s)”) during the course of or in relation to the provision of the Services including any communication that you may have with any DSSPL Representative(s) on/through the Platform (DSSPL Representative(s) Communication”), shall create a warranty on DSSPL. If you seek to rely on any Chatbot Communication or DSSPL Representative(s) Communication, any such reliance shall be at your own risk. Unless we otherwise agree, we shall not be responsible for or liable in any manner whatsoever for any Chatbot Communication or DSSPL Representative(s) Communication or for any loss or damage resulting from your reliance on any Chatbot Communication or DSSPL Representative(s) Communication.
  • The Platform may contain content, statements, advice, articles, blogs, testimonials or opinions provided by third parties including other Users of the Platform and/or Services (“Third Party Content”). Such Third Party Content is solely that of the author(s)/contributor(s), is only for promotional purposes and/or your general information, is not intended to address your particular requirements and should not necessarily be relied upon. Further, the accuracy, integrity, reliability, completeness, trueness or usefulness of any Third Party Content has not been verified by us and we provide no warranties of the same. If you seek to rely on any Third Party Content, any such reliance shall be at your own risk. We shall not be responsible for or liable in any manner and under any circumstance whatsoever for any Third Party Content or for any loss or damage resulting from your reliance on any Third Party Content.
  • Through the Platform and the Services, we are engaged in offering technology-enabled succession and financial planning services and are not engaged in soliciting or offering legal services, including any legal compliance or legal formality services nor are we engaged in offering any opinion on Indian or non-Indian laws (including, without limitation, on succession laws). You remain responsible for obtaining independent legal advice prior to acting on or using any advice, recommendation or information received by you pursuant to or in connection with the Services, including any document, data, papers (including your draft will or any copies thereof) obtained/generated on/from the Platform as a result of availing any Services. Any information posted on or through the Platform or made available to you in the course of providing the Services is for informational purposes only and should not be considered a substitute for professional legal advice. We make no representations or warranties, whether express or implied, as to the legal efficacy of your intended use of the Platform or the Services and make no claims nor provide any legal advice, validity, recommendations, opinions, representation, referrals or counselling, in connection with the implications of your use of or reliance on the Services or the Platform in connection with your succession, financial and/or estate planning or otherwise. Use of any Services does not establish any client-attorney relationship. We do not endorse the views or wishes expressed in the will(s) and/or other document(s) which is generated from any User’s use of Services. You assume sole responsibility and entire risk as to the suitability of the Services and results, including any document, obtained therefrom and for any decisions made or actions taken based thereon. You further assume sole responsibility for completing any legal compliances or formalities necessary for the validation and/or execution of any document, data, papers (including your draft will or any copies thereof) obtained/generated on/from the Platform as a result of availing any Services.
  • You understand that we do not review any will(s) and/or other document(s) which are generated from your use of any Services. You acknowledge that the Services are provided based on the information provided by you and therefore you are responsible for reviewing the documents created within the Platform before signing or using them, and we are not responsible nor liable for any incomplete data or errors or omissions in the documents created on the Platform. By using the Platform, you understand that the Platform may not identify all of the fields that need to be filled in on a document to make it complete, useful, or legally compliant, and you are solely responsible for the content, applicability, and use of any documents created using the Platform. You understand and agree that DSSPL bears no responsibility or liability for the manner in which you complete your will and/or other document(s) which are generated from your use of any Services, whether your will and/or other document(s) generated pursuant to the provision of the Services will be valid, legal or enforceable upon completion or otherwise, or whether such will or document is or will be appropriate or suitable having regard to your particular circumstances or situation.
  • Any changes/amendments to the law may mean that your will and/or other document which are generated from your use of any Services becomes out of date or obsolete and we cannot guarantee that such documents that are generated pursuant to your use of any Services will remain up to date, complete and accurate. It is not our responsibility to notify you of changes/amendments to the law or the impact of these changes on your will and/or other documents generated from your use of any Services and we shall bear no liability for this.

13. INDEMNIFICATION AND LIMITATION OF LIABILITY   

  • You agree to indemnify, defend and hold harmless DSSPL, its affiliates and their respective officers, directors, agents, employees, consultants and representatives (“Indemnified Parties”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnified Parties that, directly or indirectly, in whole or in part, arises out of, results from, or may be payable by virtue of: (i) any default or breach or non-performance by you of any representation, warranty, covenant, obligation or undertaking set out under these Terms of Service, Privacy Policy or Additional Terms (if applicable); (ii) infringement, misappropriation or violation of any rights of a third party, including, without limitation, any intellectual property rights or privacy rights of a third party; (iii) any claims made by any third party due to, or arising out of, or in connection with, your use of the Platform or the Services; (iv) your failure to verify your identity and validate your Account and/or due to incorrect or forged documents/information provided or submitted by you for your identity verification purposes on the Platform, including for implementation of KYC; or (v) violation or non-compliance with any applicable laws. DSSPL reserves the right to assume the exclusive defence and control of any claims or actions and all negotiations for its settlement or compromise subject to indemnification by you, and you agree to fully cooperate with us in any such defenses upon our request.
  • In no event shall the Indemnified Parties be liable to you or any third party for any loss or damage of any kind, whether direct, special, incidental, indirect, consequential or punitive damages whatsoever, including, without limitation, damages for loss of profits, income or revenues, loss of goodwill, loss of anticipated savings, loss or corruption of data, economic losses, or any other damages or losses, arising out of or in connection with your use of or access to the Platform or the Services, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such losses or damages, or we should reasonably have been aware of such possibility. The limitations and exclusions in this clause apply to the maximum extent permitted by applicable laws.
  • In addition, and without limiting the foregoing, to the fullest extent permitted by applicable law, in no event will the Indemnified Parties’ aggregate liability arising out of or in connection with Terms of Service or the Services rendered/provided by us, whether in contract, tort (including negligence) or otherwise, exceed the amount of actual Services Fee paid by you. Notwithstanding anything to the contrary contained herein, you shall use best efforts to avoid or limit any damage or loss giving rise to your indemnification under this Agreement.
  • If applicable law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of the Indemnified Parties shall be the minimum permitted under applicable law.

14. ASSIGNMENT 

  • You may not sublicense, assign or transfer any of your rights or obligations under these Terms of Service, in whole or in part, to any third party, without the prior written consent of DSSPL. Any purported sublicense, assignment or transfer of the rights or obligations by you hereunder shall be null and void and of no legal effect. DSSPL may sublicense, assign or transfer its rights or obligations in whole or in part, to its affiliate or a third party upon issuing written notification via an announcement on the Platform.

15. SEVERABILITY 

  • The invalidity or unenforceability of any provision of these Terms of Service, in whole or in part, in any jurisdiction shall not affect the validity, legality or enforceability of the remainder of these Terms of Service in such jurisdiction and these Terms of Service shall continue to operate to its fullest extent, permissible under law.

16. APPLICABLE LAW AND JURISDICTION 

  • You agree that these Terms of Service and the terms contained herein, shall be subject to and governed by the laws of the Republic of India and all disputes arising out of or in connection with these Terms of Service shall be subject to the exclusive jurisdiction of the competent courts at Bengaluru.

17. ENTIRE AGREEMENT  

  • These Terms of Service, including the Privacy Policy and the Additional Terms (if applicable) constitute the entire agreement between you and DSSPL in relation to its subject matter and supersedes any and all prior or contemporaneous promises, representations, agreements, statements, and understandings of any sort whatsoever between you and DSSPL. No failure or delay by DSSPL in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any other right, power or privilege by DSSPL.

18. QUERIES AND GRIEVANCE REDRESSAL  

  • If you have any queries with respect to any Services provided on the Platform, please contact us by using the chat support service provided through the  ‘Contact Us’ option available on the Platform.
  • If you come across any abuse or violation of these Terms of Service or if you wish to report a grievance/complaint regarding the Platform and/or any Services provided therein, please report the same to Ms. Priya at helpdesk@getyellow.in.  

    Please provide us with a detailed description of your grievance, and we will endeavour to redress your grievances within such timeframe as stipulated under applicable laws.

Yellow Smart - Terms of service

1. GENERAL

  • By accepting these Yellow Smart T&Cs, the user of Yellow Smart (“User”) agrees to accept the Yellow Terms and Conditions of Service (“Yellow T&Cs") currently located at https://getyellow.in/terms-of-service and as updated from time to time. These Yellow Smart T&Cs and the Yellow T&Cs shall be collectively referred to as “T&Cs”.
  • By accessing or using Yellow Smart (as defined below) provided herein, the User signifies his/her agreement to be bound by the T&Cs and DSSPL’s Privacy Policy (“Privacy Policy”) currently located at https://getyellow.in/privacy-policy.
  • All capitalized terms used herein and not defined, shall have the same meaning as ascribed to them in the Yellow T&Cs.
  • The User shall only avail Yellow Smart in relation to the User’s will (“Will”). The legal heir(s) and the stakeholders in the User’s Will including but not limited to the User’s executor and/or persons associated with the Assets (as defined below) in the User’s Will shall be collectively referred to as “Service Recipient(s)”.

2. SCOPE OF SERVICES

  • DSSPL shall provide Yellow Smart (“Yellow Smart/Yellow Smart Services”) to the Service Recipient(s) only after receiving a written notice of the demise of the User from the Service Recipient(s) (“Notice of Demise"). Any such Notice of Demise shall be sent to the DSSPL’s registered office address (as provided below herein) by Service Recipient(s), along with substantial evidence(s), at:

    46/1, Cobalt, 5th floor, Church Street,
    Off M.G. Road, Shanthala Nagar, 
    Bengaluru- 560001

    Email: helpdesk@getyellow.in
  • The User shall indicate his/her residential status, as per the prevalent laws in India, while making subscription to Yellow Smart Services. Any change in residential status of the User shall be communicated to DSSPL within thirty (30) days from date of such change on the above mentioned address.
  • DSSPL shall at all times, subject to Service Recipient’s fulfilling their obligations provided herein, only assist in the transfer of assets situated within the territory of India (collectively called “Assets”), of the User to the Service Recipient(s).
  • The scope of services of Yellow Smart to the Service Recipient(s) shall be limited to procuring, drafting, and assisting in filing of required forms and/or documents to assist in the transfer of Assets from the User to the Service Recipient(s).
  • DSSPL shall assist in transfer of Assets to the Service Recipient(s) provided that no litigation, either directly or indirectly related to the Assets referred to or for which services are required, is pending or no litigation is initiated during the course of discharge of services by DSSPL in relation to the Assets referred. In case of any pending litigation or litigation initiated during the course of services by DSSPL, DSSPL reserves the right to stop and/or terminate the services and DSSPL shall not be liable to refund, repay or indemnify any interested person including but not limited to the Service Recipient(s). In any such scenario, Service Recipient(s) and/or other interested person as stipulated herein shall indemnify DSSPL in accordance with the T&Cs.
  • The User hereby acknowledges and expressly agrees that a cooling-off period of eighteen (18) months shall be in effect from the date of commencement of Yellow Smart Services. Throughout the duration of this cooling-off period, the User is expressly prohibited from asserting any claims under the Yellow Smart Services read along with the Yellow T&Cs. Under such circumstances, the User is eligible to receive YES - Yellow Executor Support services, wherein remote online assistance will be extended for the purpose of facilitating the asset transfer. Please refer to YES T&C for further information in this regard.
  • Yellow shall only proceed with the transfer of immovable property falling within the ambit of the Yellow T&Cs if the associated Will is duly registered in India. In the event that the Will remains unregistered, and authorities necessitate additional supporting documentation, including but not limited to a family tree certificate, legal heir certificate, etc., then any associated costs for procuring said documents shall be exclusively borne by the User. Yellow shall bear no responsibility for these costs, and they are considered an independent obligation of the User.

3. PAYMENT OBLIGATIONS

  • The User shall make the required annual subscription payments (“Service Fees”), as per the residential status at the time of making payment, to continue availing Yellow Smart.
  • The Service Fees for Yellow Smart Services will be for an annual period, the details of which are mentioned in the Schedule I herein titled as “Subscription Details”. DSSPL shall have no obligation to continue providing Yellow Smart or liability in relation to the same after the expiration of the subscription period as mentioned in Schedule I.
  • DSSPL reserves the right to change and/or update the Service Fees payable by all or any category of User(s) at any time, especially if the residential status of a client changes from resident to non-resident.
  • The Service Fees payable hereunder shall be payable in advance by the User and any renewal of such annual subscription shall be made 15 (fifteen) days before the expiration of such annual subscription period mentioned in Schedule I. 
  • Any failure to pay the Services Fee prior to the commencement of the subsequent subscription period shall result in the deactivation of the User’s subscription to Yellow Smart. Once deactivated, the User’s subscription shall only be reactivated upon payment of the applicable Service Fees plus a Yellow Smart reactivation charge, as applicable and decided by DSSPL from time to time. Once DSSPL has received the payment in full of the amount described herein, the User’s account will automatically be revived and subscription to Yellow Smart will be reactivated for the applicable subscription period. 
  • The User further agrees and acknowledges that it is liable to pay all the applicable taxes and other statutory levies (as applicable from time to time).
  • The due payment of Service Fees and the compliance with T&Cs by the User, shall be a condition precedent to any obligations of the DSSPL under the Agreement. No waiver of any terms, provisions, conditions, and endorsements regarding the Yellow Smart Services shall be valid unless made in writing and signed by an authorized official of DSSPL.
  • Any statutory charges including but not limited to fees, taxes, fines and/or any other monetary outflows payable in the course of DSSPL discharging its obligations provided herein are excluded from the purview of Service Fees and shall be payable by the User on an actual basis.
  • Subject to the condition(s) mentioned in the T&Cs, if the Yellow Smart Services are terminated and/or discontinued at any point of time during the continuation of the Subscription Period mentioned in Schedule I herein, DSSPL shall not be liable for any refund of Service Fees or any other monetary compensation to the User.

4. OBLIGATIONS OF USER TO AVAIL YELLOW SMART SERVICES

  • Subject to timely payments of the Service Fees, the User can only avail Yellow Smart during the continuation of the subscription period as opted for and mentioned in the Schedule I herein.
  • The User affirms that he/she has attained majority, that is, attained 18 (eighteen) years of age or such higher age as prescribed by law applicable to him/her, and is of sound mind and is not disqualified from contracting by any law to which he/she is subject, at the time of making the subscription.
  • The User shall confirm his/her residential status as per the prevailing laws in India. Any change in residential status has to be communicated, within thirty (30) days from the date of change, to DSSPL on above mentioned address.
  • The User undertakes to have a Will or to make a Will in his/her lifetime for Assets situated within India, as a precondition to avail Yellow Smart. In the absence of a Will, the Yellow Smart subscription can be terminated at the sole and absolute discretion of DSSPL. In no event shall the Service Recipient(s) be entitled to claim any refund under the T&Cs.
  • The User shall be solely responsible to make known to the Service Recipient(s) of his/her subscription to Yellow Smart. In no event shall DSSPL be responsible to communicate the same to the Service Recipient(s) or any other interested person and cannot be held liable, in any way, for the reason of such communication not being made.
  • The User and/or Service Recipient(s) shall provide all the information, as requested for, accurately, and shall be true, complete and correct to the best of his/her knowledge. In the event it is found that any information provided by User and/or Service Recipient(s) to DSSPL was inaccurate, or false, or not made in good faith, or any material matter or fact was suppressed, then, and in every such case, DSSPL reserves the right to suspend and/or terminate User’s and/or Service Recipient(s) right to avail Yellow Smart in accordance with Clause 8 hereinbelow. DSSPL will have no responsibility for, or liability related to the accuracy, content, currency, completeness, or delivery of any data provided by the User and/or the Service Recipient(s) and shall always be indemnified in the event any litigation or dispute arises due to the same.

5. OBLIGATIONS OF DSSPL IN PROVIDING YELLOW SMART

  • Subject to the User and/or the Service Recipient fulfilling their obligations provided herein, DSSPL shall solely provide assistance in the transfer of Assets of the User to the Service Recipient(s) in accordance with the T&Cs.
  • DSSPL shall, on a best effort basis, assist the Service Recipient(s) in all such documentation and formalities as permitted and stipulated by laws of India, that are relevant to the transfer of Assets of the User as per User’s last Will and testament.
  • DSSPL shall, on a best effort basis, keep the Service Recipient(s) updated on the progress of Yellow Smart and communicate with the Service Recipient(s) whenever required at DSSPL’s sole discretion.
  • The User shall be solely responsible to make known to the Service Recipient(s) of his/her subscription to Yellow Smart. In no event shall DSSPL be responsible to communicate the same to the Service Recipient(s) or any other interested person and cannot be held liable, in any way, for the reason of such communication not being made.
  • All personally identifiable information provided by the User in the course of availing Yellow Smart shall be treated and stored in accordance with the Privacy Policy.

6. LIMITATIONS OF YELLOW SMART

  • It is clarified that provision of Yellow Smart by DSSPL will be limited to Assets located within the territory of India and at no point in time, shall DSSPL be obligated or required to assist the Service Recipient(s) in the transfer of Assets situated outside the territory of India.
  • Provision of Yellow Smart by DSSPL is subject to fulfillment of certain conditions by the User and Service Recipient(s) as stated in the T&Cs. DSSPL shall not be liable to fulfill its obligations under the T&Cs if all or any of the conditions stated are not fulfilled by the User or the Service Recipient(s).
  • All the Service Recipient(s) shall provide full cooperation and make available relevant information, documents and/or be personally present at such date, time and place, as communicated by DSSPL and/or the relevant authority (ies). DSSPL shall not be liable for any consequences that follow in all or any of the Service Recipient’s failure to comply with the condition stipulated in this Clause within a reasonable time stipulated by DSSPL and shall relieve DSSPL of any of its obligations as stated in the T&Cs.
  • Furthermore, DSSPL shall not be liable for the User’s and/or Service Recipients’ failure to comply with any statutory requirement or failure to pay any fees, fines or charges as statutorily required. In all such instances, DSSPL reserves the right to cancel, modify or terminate the User's subscription of Yellow Smart without providing any refund or adjustment of the Service Fees.
  • The User and Service Recipient(s) acknowledge and agree that Yellow Smart is in the nature of services to facilitate the execution of the User’s instructions and DSSPL is not engaged in and shall not be required to engage in providing any legal services, document/title verification or accounting services in relation to the Assets, nor shall it be construed as providing any legal advice or opinion in the course of delivering Yellow Smart. Furthermore, in providing Yellow Smart, DSSPL is engaged in acting as an independent contractor in the course of providing Yellow Smart, and shall not be construed as acting as an agent of the User or as a trustee, bailiff or other capacity while providing Yellow Smart.

7. ASSIGNMENT

  • This subscription is non-transferable and cannot be transferred or assigned from the User to any other person by any means.
  • Any purported sublicense, assignment or transfer of the subscription and related rights or obligations by the User and/or Service Recipient(s) hereunder shall be null and void and of no legal effect. 

8. CANCELLATION AND/OR TERMINATION OF YELLOW SMART

  • The subscription is valid till the date mentioned in Schedule I.
  • DSSPL reserves the right to terminate the User’s and/or Service Recipient(s) right to access and/or utilize Yellow Smart Services for convenience, without assigning any reason, by intimating the User in writing one (1) month in advance.
  • DSSPL further reserves the right to terminate/suspend the Yellow Smart Services and suspend the User’s account immediately in the event of any of the following:

    (a.) Any term or condition herein contained or endorsed hereon is contravened; or
    (b.) It is found that any information provided by User to DSSPL was inaccurate, misleading, or false, or not made in good faith, or any material matter or fact was suppressed, then, and in every such case; or
    (c.)Any other reason as DSSPL may deem fit.

    In all such instances, the User’s subscription to Yellow Smart shall stand void, and User and/or Service Recipient(s) claims and/or rights to any benefit in relation to Yellow Smart shall cease and lapse. Additionally, no refund of Service Fees will be made by DSSPL.
  • Furthermore, in no event shall DSSPL’s aggregate liability arising out of or in connection with the Yellow Smart T&Cs rendered/provided, whether in contract, tort (including negligence) or otherwise, exceed the amount of the Service Fees paid by the User and as mentioned in Schedule 1.

9. ENTIRE AGREEMENT

Theses T&Cs and the Privacy Policy constitute the entire agreement between the User and DSSPL in relation to its subject matter and supersedes any and all prior or contemporaneous promises, representations, agreements, statements, and understandings of any sort whatsoever between the User and DSSPL. No failure or delay by DSSPL in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any other right, power or privilege by DSSPL.

10. GENERAL

These Yellow Smart T&Cs shall be deemed to be an integral part of the Yellow T&Cs and shall be read harmoniously to the extent possible. In case of any conflict between the terms of the Yellow T&Cs and the Yellow Smart T&Cs, the Yellow Smart T&Cs shall prevail.

Schedule I
Subscription Details

Client name:
Address:
Contact number:
E-mail:
Country of residence:
Subscription amount:
Status: (Paid/Pending)
Subscription Period:
Starting date of subscription:
Ending date of subscription:
Renewal:
15 (fifteen) days prior to the ending date of subscription.