Yellow - Terms of Service
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’).
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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
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.
- 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:
(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
- 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.
- 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.
(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.
- 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
- 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.
- 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.
- 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
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 email@example.com.
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.