Yapple is an online and mobile fashion (clothes and accessories) ordering and delivering services via a marketplace dealing in (a) printed t-shirts, (b) consumer goods, and (c) other products and services (“Platform Services“). The buyers (“Buyer/s“) can choose and place orders (“Order/s“) from a variety of products and services listed and offered for sale by various Sellers (“Seller/s“), on the Platform. Further, the Buyer can also place Orders for undertaking certain tasks on the Platform (“Task/s”) in accordance to the following terms and conditions.
Yapple enables delivery of such Orders or completion of Tasks at select localities of serviceable cities across India (“Delivery Service/s“) by connecting third party service providers i.e. pick-up and delivery partners (“Delivery Partner/s”) who will be responsible for providing the pick-up and delivery services and completing Tasks initiated by the users of the Platform.
Delivery Partners are individual entrepreneurs engaged with Yapple on a voluntary, non-exclusive and principal-to-principal basis to provide the aforementioned services. This service is provided for a delivery fee that is determined on the basis of various factors including but not limited to distance covered, time is taken, demand for delivery services/Tasks, real-time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time. They are independent contractors and are free to determine their timings of work. Yapple does not exercise control over them. The relationship between the Delivery Partners and Yapple is not that of an agent and principal or employee and employer.
This document is subject to modifications and we reserve the right to modify or change it, along with other Yapple policies, at any time by posting modified documents on the Platform and notifying you of the same for your perusal. You shall be liable to update yourself of such changes, if any, by accessing the same.
Use of Platform and Services
All commercial contractual terms are offered by and agreed to between Buyers and Sellers alone with respect to products and services being offered by the Sellers. The commercial contractual terms include price, taxes, delivery fee, payment terms, date, period and mode of delivery, warranties related to products and services and after-sales services related to products and services. Yapple does not have any control over the offering. We may, however, offer support services to Sellers in respect to Order fulfilment. The price of the product and services offered by the Seller are determined by the Seller itself and Yapple has no role to play in such determination of price in any way whatsoever.
Upon acceptance of any Order or Task by the Delivery Partners, the pickup and delivery services are undertaken by them. This constitutes a separate contract for services between Sellers/Buyers and Delivery Partners. Yapple shall not be responsible for the services provided by Delivery Partners. Yapple may, however, offer support services to Delivery Partners in respect to Order fulfilment.
Use of the Website and Apps (Android and iOS)
You agree and confirm that the website will be used/ not used for the following purposes:
- You shall use the website for legal activities
- You shall not upload, download, modify or publish any information which is illegal, harmful, or obscene, or belongs to another person/ entity
- You shall not pose any information that is misleading or misrepresentative in any way
- You shall not harass or advocate harassment of another person
- You will only have an authorized access to the website via your own user credentials
- You will engage with the platform based on the services offered by us. You won’t start any other activities like contests or advertising without a written consent from us
- You will not interfere with another user’s use of the Platform
- You will not corrupt the website with any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality
- You shall not use any spider type automatic program or algorithm to access any portion of the Platform We reserve our right to prohibit any such activity
- You shall not attempt to gain unauthorized access to any portion or feature of the Platform by hacking or any other illegal means
- You shall neither test the vulnerability of the Platform nor breach the security measures.
YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Yapple views.
When you use any of Yapple’s service or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail/ text message. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All Platform content and our services that include text, graphics, logos, buttons, icons, images, audio clips and data compilations are property of Yapple and shall be protected and governed by laws of the land in India. All unwarranted copies of content are strictly prohibited and illegal.
All Platform content and our services that include text, graphics, logos, button, icons, images, audio clips and data compilations are a trademark of Yapple but you by availing of the services does not get any right for copying or using the same.
You are responsible for maintaining the confidentiality of your login user credentials (username and password). You agree to accept responsibility for the authenticity of the information and for all activities that occur under your account. However, Yapple reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion with no damage or demure payable to you.
Order Booking and Financial Terms
The Platform lets the Buyers place Orders for which the delivery is then facilitated by Yapple by contacting Delivery Partners.
As a general rule, all orders placed on the Platform and Delivery Services are treated as confirmed. However, upon Buyer’s successful completion of booking an order, we may call the Buyer on the telephone or mobile number provided to confirm the details of such Order, any modifications, price to be paid and the estimated delivery time. For this purpose, the Buyer will be required to share certain information with us like Name, Phone number, email and address. It shall be Buyer’s sole responsibility to bring any incorrect details to our attention.
The buyer agrees to pay for the total amount for the Order placed on the Platform. Please note that we cannot control any amount that may be charged to the Buyer by his/her bank related to our collection of the total amount, and we disclaim all liability in this regard.
In connection with the Buyer’s Order, he/she will be asked to provide customary billing information such as name, billing address and credit card information to third-party payment processors. Buyer agrees to pay us for the Order placed on the Platform, in accordance with these Terms, using the methods provided on the platform.
The packaging or delivery charges reflected on the Platform are determined solely by the Delivery Partners and are based on the product selected (weight, size, etc.).
Please note that we may cancel Buyer’s Order(s) in a rare situation where the prices on any product(s) are incorrectly reflected on the Platform due to any technical issue.
Cancellations and Refunds
Please refer to the Cancellation and Refund Policy for cancellation and refund terms in relation to the usage of the Platform for availing Services.
Terms of service
Yapple is not responsible for any liability arising out of delivery services provided by Delivery Partners. Additionally, the buyer understands that the delivery time quoted at the time of confirming the Order is an approximate estimate and may vary based on the information obtained from Delivery Partners and Sellers. Yapple will not be responsible for any delay in the delivery of an Order. Buyer’s Order will be only delivered to the address designated by him/her at the time of placing the Order on the Platform. Buyer’s Order will be cancelled in the event of any change of the address as informed by the Delivery Partner and Buyer shall not be entitled to any refund for the same.
As we are providing services in the select cities in India, we have complied with the applicable laws of India in making the Platform and its content available to you. In the event the Platform is accessed from outside India or outside our delivery zones, it shall be entirely at your risk.
You agree and grant permission to Yapple to receive promotional SMS and emails from Yapple or allied partners. In case you wish to opt-out of receiving promotional SMS or email please send a mail to email@example.com
Risk of Loss
All items purchased through electronic mode through this website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the Delivery Partner for dispatch.
YAPPLE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE SERVICES ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND AS TO THE OPERATION OF OUR SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SERVICES UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, YAPPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT OUR SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY OUR SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY OF OUR SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
THE PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.
DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE PLATFORM OR DELAY OR ERRORS IN FUNCTIONALITY OF THE PLATFORM. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.
WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.
YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE PLATFORM. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY’S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY’S / MERCHANT’S/ DELIVERY PARTNER’S SERVICES.
YAPPLE DISCLAIMS AND ALL LIABILITY THAT MAY ARISE DUE TO ANY VIOLATION OF ANY APPLICABLE LAWS INCLUDING THE LAW APPLICABLE TO PRODUCTS AND SERVICES OFFERED BY THE MERCHANT OR DELIVERY PARTNER.
WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE PLATFORM. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR MERCHANT ACCESSED THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You recognize that Niheera Ventures is the registered owner of the word mark ‘Yapple’ and the logo including but not limited to its variants (IPR) and shall not directly or indirectly, attack or assist another in attacking the validity of, or Yapple’s or its affiliates proprietary rights in, the licensed marks or any registrations thereof, or file any applications for the registration of the licensed marks or any names or logos derived from or confusingly similar to the licensed marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world. If you become aware or acquire knowledge of any infringement of IPR you shall report the same at firstname.lastname@example.org with all relevant information.
Please contact us at email@example.com if you have any questions