TERMS AND CONDITIONS

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Your Buddy App

Your use of Your Buddy App is governed by the following terms and conditions (“Terms of Use”) as applicable including the applicable policies which are incorporated herein by way of reference.

By downloading, browsing, accessing Your Buddy App as also while filling the details in the Sign-up form made available on Your Buddy App, You shall be contracting with M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED, these terms and conditions including the policies constitute your binding obligations, with M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED .

For this purpose, “You” shall mean any natural person while filling the details in the Sign-up form made available on Your Buddy App for the purpose of placing orders for products, items made available for sale by various Merchants through Your Buddy App

For this purpose, “Third-Party or Third-Parties” shall mean any party other than M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED

For this purpose, the term “we”, “us”, “our” shall mean the M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED

For this purpose, the term” Merchant” shall mean any natural person, entity, organisation registered with M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED as a Merchant for the purpose of offering their products, items for sale through Your Buddy App

You shall be subject to the rules, guidelines, policies, terms, and conditions applicable to Your Buddy App while filling the details in the Sign-up form made available through Your Buddy App

ONLINE PLATFORM

M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED is an intermediary and provides an online platform through Your Buddy App to showcasing various products and items offered for sale by different Merchants. Further, Your Buddy App facilitates you to place orders with respect to such products and items made available thereof

TERMS OF USE

You agree, undertake and confirm that your use of Your Buddy App shall be strictly governed by the following binding principles: You hereby undertake and agree not to use Your Buddy App for

  1. harassing or advocating harassment of another person;


  2. transmission of junk mail”,chain letters”, or unsolicited mass mailing or spamming


  3. promoting illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;


  4. transmitting, sharing, uploading links of any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;


Policy for Non- Hosting, Non- Storage, Non- Publication of Unlawful Information- Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021- Part II- Rule 3 (1) (b) – Due Diligence by Intermediary

M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED as an Intermediary herein informs You that it shall not host, display, upload, modify, publish, transmit, store, update or share any information that

  1. belongs to another person and to which the user does not have any right;


  2. is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;


  3. is harmful to child;


  4. infringes any patent, trademark, copyright or other proprietary rights;


  5. violates any law for the time being in force;


  6. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;


  7. impersonates another person;


  8. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation;


  9. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;


  10. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person
Policy for Non- Deployment of Technical Configuration of Computer Resource- Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 – Due Diligence by Intermediary

Rule 3(k)- Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021

M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED as an intermediary shall not knowingly deploy or install or modify technical configuration of its computer resource – Your Buddy App or become party to act that may change or has the potential to change the normal course of operation of its computer resource – Your Buddy App than what it is supposed to perform thereby circumventing any law for the time being in force.

Further, M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED may develop, produce, distribute or employ technological means for the purpose of performing the acts of securing its computer resource – Your Buddy App and information contained therein;

Policy for Voluntary Removal of Information or Disabling of Access- Rule 3 (d)- (Information Technology (Intermediary Guidelines and Digital Media Ethics Code) 2021– Due Diligence by Intermediary

M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED shall remove or disable access to any information, data, communication link as specified in Policy for Non- Hosting, Non- Storage, Non- Publication of Unlawful Information- Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021- Part II- Rule 3 (1) (b) – Due Diligence by Intermediary on voluntary basis or on the basis of any grievances received thereof

Policy for Reporting Cyber Security Incidents- Rule 3 (l) (Information Technology (Intermediary Guidelines and Digital Media Ethics Code) 2021– Due Diligence by Intermediary

M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED shall report Cyber Security Incidents and share related information with the Indian Computer Response Team in accordance with the Policies and Procedures as mentioned in Information Technology (The Indian Computer Emergency Response Team and Manner of Performing Functions and Duties) Rules, 2013.

Policy for Assistance to Government Agencies- Rule 3 (j) (Information Technology (Intermediary Guidelines and Digital Media Ethics Code) 2021– Due Diligence by Intermediary

M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED shall as soon as possible but not later than seventy-two hours of the receipt of an order, provide information under its control or possession, or assistance to the Government Agency which is lawfully authorised for investigative or protective or cyber securities activities, for the purposes of verification of identity, or for the prevention, detection, investigation, or prosecution, of offences under any law for the time being in force, or for cyber security incidents, however, such order shall be in writing clearly stating the purpose of seeking information or assistance, as the case may be.

PROHIBITED USE
  1. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of Your Buddy App or any Content, or in any way reproduce or circumvent the navigational structure or presentation of Your Buddy App or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through Your Buddy App. We reserve our right to bar any such activity.


  2. You shall not attempt to gain unauthorized access to any portion or feature of Your Buddy App or any other systems or networks connected to Your Buddy App or to any server, computer, network, or through Your Buddy App by hacking, password “mining” or any other illegitimate means.


  3. You shall not probe, scan or test the vulnerability of Your Buddy App or any network connected to Your Buddy App nor breach the security or authentication measures on Your Buddy App or any network connected to Your Buddy App. You may not reverse look-up, trace or seek to trace any information on any user of or visitor of Your Buddy App or exploit Your Buddy App or any information made available or offered by or through Your Buddy App in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by Your Buddy App


  4. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name, domain name used by us including the terms Your Buddy App, M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED or otherwise engage in any conduct or action that might tarnish the image or reputation of Your Buddy App, M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED or otherwise tarnish or dilute any trade or service marks, trade name and/or goodwill associated with Your Buddy App, M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED . You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Your Buddy App’s systems or networks, or any systems or networks connected to Your Buddy App


  5. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of Your Buddy App


  6. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal, You send to us on or through Your Buddy App. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.


  7. You may not use Your Buddy App or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED and/ others


  8. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable laws, rules and regulations.


  9. You may not transmit any chain letters or unsolicited commercial or junk email via Your Buddy App


  10. It shall be a violation of these Terms of Use to use any information obtained from Your Buddy App or use Your Buddy App in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict your usage of Your Buddy App for a reasonable period which we deem appropriate in our sole discretion.


  11. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information through the Sign-up form made available on Your Buddy App including any information uploaded through any of the services made available through Your Buddy App as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and You hereby expressly authorize us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.


  12. We reserve the right, but has no obligation, to monitor the materials posted on Your Buddy App, M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. In no event shall M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on Your Buddy App


  13. It is possible that any users or third-parties (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on Your Buddy App and that You may be involuntarily exposed to such offensive and obscene materials. We do not approve of such unauthorized use.


  14. Your Buddy App shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).


  15. You shall not reverse engineer Your Buddy App in whatsoever manner

CONTENTS POSTED

The graphics, interfaces, visual interfaces, technology, software with respect to Your Buddy App shall be solely owned by M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED

Further, the trademarks relating to the brand name, logo of SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED displayed on Your Buddy App shall be the sole property of M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED

However, Your Buddy App may also contain description, images, content which is considered as third-party content.

M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED hereby acknowledges that such third-party content is owned by the respective owners.

GENERAL OBLIGATIONS
  1. You shall be obliged to provide accurate information while filling up the Sign-up form made available through Your Buddy App

  2. You shall also adhere to the minimum age requirement i.e., 18 years as defined by the law of the land

  3. You shall read all the policies, terms mentioned in Your Buddy App

  4. You shall not copy or use the information contained in Your Buddy App

  5. You shall not engage in any activities mentioned in “PROHIBITED USE” (mentioned herein) either directly, indirectly or in whatsoever manner
PRIVACY

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Sensitive Personal Information is one of our most important assets. We store and process Your Sensitive Personal Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our Privacy Policy is available for more details.

THIRD-PARTYAPI’s/ LINKS

Your Buddy App mayalso be integrated with third-party API’s. However, in no event shall M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED holdany responsibility, liability in this regard.

LICENSE

M/s. SAI RAGHAVENDRA DATA LAKE SOLUTIONS PRIVATE LIMITED herein provides a non-exclusive, non-transferable, non-sub-licensable, revocable, limited license to you for using Your Buddy App, Merchant Web Console for the purpose of facilitating you to place orders with respect to the products, items made available for sale through Your Buddy App. However, in the event of termination of your account or relationship with M/s, SAI RAGHAVENDRA DATA LAKE SOLUTIONS PRIVATE LIMITED in whatsoever manner, the license provided herein shall cease to operate with immediate effect

ONLINE PAYMENT

In order to facilitate payments for the orders placed by You through Your Buddy App, an online payment gateway facility is provided. Further, such online payments shall be governed by the terms and conditions of such online payment gateway (https://razorpay.com/terms/) in addition to the legal policies mentioned in Your Buddy App and You herein agree to abide by the same

CREDIT CARD PAYMENT

Your Credit Card details shall be transferred directly to our payment service provider for immediate authorization and are not recorded or stored in our database. Once we have received authorization from the payment service provider, the order shall be confirmed

Further:

  1. You have categorically authorized M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED to collect, process, facilitate and remit payments and / or electronically from other Users in respect of transactions, orders facilitated through Your Buddy App by way of Payment Facility. Your relationship with M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED is on a principal-to-principal basis and by accepting these Terms of Use you agree that M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED is an independent contractor for all purposes, and does not have control of or liability for payments that are paid by our users using the Payment gateway made available through Your Buddy App


  2. You understand, accept and agree that the payment facility provided by M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the Transactions on Your Buddy App using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price


  3. M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED reserves the right to impose limits on the number of Transactions or Transaction Price which we may receive from on an individual Valid Credit/ Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual User during any time period, and reserves the right to refuse to process Transactions exceeding such limit.


  4. M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED reserves the right to refuse to process Transactions by Users with a prior history of questionable charges including without limitation breach of any agreements by User with respect to Your Buddy App or breach / violation of any law or any charges imposed by Issuing Bank or breach of any policy.


  5. In the event, M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED is not satisfied with the creditability of the User, it will have the right to reject the receipt of / Users 


  6. M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED may delay notifying the payment confirmation, if M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED deems suspicious or for Users conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED may hold the service and may not provide service at the request of law enforcement officials or in the event the user is engaged in any form of illegal activity.


  7. M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction / Transaction Price or any delay in processing a Transaction / Transaction Price which is beyond control of M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED
LEGAL DISCLAIMER

Your Buddy App and all content, included on or otherwise made available to You thereof are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, we, M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED do not warrant that: -
  1. Your Buddy App shall be constantly available, or available at all; or the information on Your Buddy App, is complete, true, accurate or non-misleading.


  2. We, M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED do not warrant that Your Buddy App, information, Content, Images, Descriptions on or otherwise made available to You thereof, their servers; or electronic communication sent from us are free of viruses or other harmful components.
Nothing on Your Buddy App is meant to constitute, advice of any kind.

M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED, we disclaim any damages, liabilities, loss, claims including ANY SPECIAL, INCIDENTAL, INDIRECT or CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION OR ARISING OUT OF YOUR USE OF Your Buddy App

OUR LIABILITY

We shall be liable for any technical and relative issue with regard to Your Buddy App. However, we shall hold no liability for unforeseen circumstances, force majeure events and situations beyond our control

THIRD PARTY LIABILITY MERCHANT’s LIABILITY YOUR LIABILITY
  1. You shall be liable for any acts, actions, activities, commissions, omissions, misrepresentation, negligence arising out of your account or use of Your Buddy App

  2. You shall be liable for providing accurate and proper information while placing orders through Your Buddy App

  3. You shall be liable for any orders placed by you through Your Buddy App

  4. You shall be liable for making payment for all orders placed by you through Your Buddy App

  5. You shall be liable to read the policies pertaining to shipping, cancellation, return with respect to the products offered for sale by Merchants through Your Buddy App. The aforesaid policies shall be provided by Merchants and in no event shall we assume any liability, responsibility in this regard

  6. You shall be liable to resolve any disputes, issues, claims arising out of the orders placed through Your Buddy App, directly with the Merchant. We shall in no event mediate, resolve such disputes, claims, issues arising between Merchant and You
FORCE MAJEURE

In no event shall M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED be responsible for any failure to perform any services due to causes beyond its control, including but not limited to acts of God, war, and riot, acts of or military authorities, fire, floods or accident(s), pandemic & emergency situations etc.

INDEMNITY

You shall indemnify and hold harmless M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED, its directors, agents, and employees, from any claim or demand, or actions made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

APPLICABLE LAW / JURISDICTION

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be Hyderabad, Telangana, India

DESCRIPTION

M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED does not warrant that description or other content made available on Your Buddy App is accurate, complete, reliable, current, or error-free and assumes no liability in this regard

LIMITATION OF LIABILITY

IN NO EVENT SHALL M/s. SAI RAGHAVENDRA DATALAKE SOLUTIONS PRIVATE LIMITED BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE

Your Buddy App may include inaccuracies and typographical errors. Changes and improvements are periodically made to Your Buddy App

INTELLECTUAL PROPERTY POLICY (IP POLICY)

All existing and future Intellectual Property in the nature of unregistered or registered rights to any and all patents, copy rights, trademarks and all Intellectual property relating to Your Buddy App shall be the sole property of M/s. Sai Raghavendra Datalake Solutions Private Limited

For this purpose, the term “you” shall mean any person, entity browsing, accessing Your Buddy App as also the natural person and/ legal person filling up the details specified in the Sign-up form made available through Your Buddy App for the purpose of placing orders through Your Buddy App

All material including content, information, images, pictures, videos are protected by copyrights, trademarks, and other intellectual property rights. Material on Your Buddy App is solely for your personal, non-commercial use.

However, any content, information, images, with respect to any third party shall be considered as “Third-Party Content”. For this purpose, the term “Third-Party” shall mean any person, entity other than M/s. Sai Raghavendra Datalake Solutions Private Limited

Further, such content shall belong to various third parties. However, Your Buddy App merely displays such Third- Party Content for enabling you to use Your Buddy App and shall in no event have any intention in whatsoever manner to acquire any Intellectual Property Rights arising out of such Third-Party Content. Further, M/s. Sai Raghavendra Datalake Solutions Private Limited herein acknowledges and agrees that all Intellectual Property Rights arising out of any Third-Party Content shall belong to solely and exclusively to the respective third-party owners.

You acknowledge and agree not to use, reuse, and challenge any application, registration of any marks, anywhere in the world. You shall not copy, reproduce, republish, upload, post, transmit or distribute such logos, images, marks in any way, including by e-mail or other electronic means and whether directly or indirectly and You must not assist any other person to do so.

Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or mobile or any communication device or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, intellectual property and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

INTELLECTUAL PROPERTY RELATED ISSUES

M/s. Sai Raghavendra Datalake Solutions Private Limited respects the intellectual property of others. In case, You feel that Your Intellectual Property Right has been infringed, You can send an email to the Grievance Cell – info@your-buddy.com