Acknowledgment of Rights and Responsibilities
Thanks for using Yodha and welcome to the terms and conditions of use (“Terms”) for Yodha. The Terms govern the access or use by you (“Client”, “Customer”, “User”, “End User”), an individual, and possessions of applications, websites, content, products, goods and services (which together we refer to as the “Product(s)” or “Service(s)”) made available worldwide and possessions by Love Astrology and Horoscope Compatibility by Yodha Nepalese Vedic Center Ltd and its subsidiaries and affiliates (collectively, “Yodha”, “we”, or “our”). The Yodha Services in some part or in full may not be available in all countries. PLEASE READ THE TERMS CAREFULLY BEFORE ACCESSING OR USING THE YODHA SERVICES.
Your access and use of the Yodha Services constitutes your agreement to be bound by the Terms, which establishes a contractual relationship (“Agreement”) between you and Yodha. If you do not understand the Terms or do not accept any part of them, then you may not access or use the Yodha Services. The Terms expressly supersede prior agreements or arrangements with you. Yodha may immediately terminate the Terms or refuse any Yodha Services with respect to you, delete accounts, remove or edit content, cancel orders or generally cease offering or deny access to the Yodha Services or any portion thereof, at any time for any reason without prior notice or liability, including without limitation if you breach the Terms. The provisions of the Terms which by their nature should survive termination shall survive, including, without limitation, warranty disclaimers, ownership, indemnity, and limitations of liability.
Supplemental terms may apply to some Yodha Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you. Supplemental terms shall be deemed a part of, the Terms for the purposes of the applicable Yodha Services. Supplemental terms shall prevail over the Terms in the event of a conflict with respect to the applicable Yodha Services.
Yodha reserve the right, at its sole discretion, to amend the Terms from time to time. Amendments will be effective upon Yodha’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Yodha Services. Your continued access or use of the Yodha Services after such posting constitutes your consent to be bound by the Terms, as amended. If You do not agree to the new Terms, please stop using the Yodha Services. When the Terms are changed (other than for typographical corrections or minor changes that do not alter its meaning), we will update the “Date of update” date at the top of the Terms.
A failure to enforce any right or provision of the Terms will not be considered as a waiver of those rights. You may not assign your rights or obligations under the Terms without Yodha prior written consent. Yodha may assign its rights under the Terms without condition. The Terms constitute the entire agreement between you and Yodha regarding the Yodha Services and supersede and replace any prior agreements we might have with you regarding the Yodha Services.
If You have any questions about the Terms prior to accepting, please contact Yodha at email@example.com.
The Yodha Services
The Yodha Services is a marketplace that brings advice-seekers and independent, professional astrologers, ayurvedic experts and advisors (which together we refer to as the “Advisor(s)”) together through text messages, graphics, images, audio, video, or other types of communications. It allows You to search for, engage and submit questions to Advisors who provide personalized advice and guidance. Yodha is a software company that made the software platform to connect advice-seekers and advisors. Yodha doesn’t directly offer or sell any advice or service.
License and Access to Use the Yodha Services
Subject to your compliance with the Terms and your payment of any applicable fees, Yodha or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Yodha Services. This license does not include any resale or commercial use of any Yodha Services, or its contents; any collection and use of any product listings, descriptions, or prices; any secondary use of any Yodha Services or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights, title, and interest in Yodha and the Yodha Services not expressly granted to you herein are reserved by Yodha or its licensors, suppliers, publishers, rightsholders, or other content providers. No Yodha Services, nor any part of any Yodha Services, may be reproduced, modified, duplicated, copied, prepared derivative works based upon, sold, resold, leased, licensed, distributed, transferred, publicly displayed, publicly performed, transmitted, streamed, broadcasted, visited, or otherwise exploited for any commercial purpose without the explicitely written consent of Yodha. Select, copy and paste functions may be available for some text-based Yodha Products or Services, and you must use these features only for personal non-commercial purposes. You may not remove any copyright, trademark, or other proprietary notices from any portion of the Yodha Services. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Yodha without express written consent. You may not use any meta tags or any other “hidden text” utilizing Yodha’s name or trademarks without the express written consent of Yodha. You may not decompile, reverse engineer or disassemble the Yodha Services except as may be permitted by applicable law. You may not misuse the Yodha Services. You may use the Yodha Services only as permitted by law. The licenses granted by Yodha terminate if you do not comply with the Terms.
Use of Third Party Services and Content
Applicable Apple Inc. Terms
The parties acknowledge that this Agreement is entered into by the End-User and Yodha only, and not with Apple Inc. Yodha, not Apple Inc., is solely responsible for the Yodha Services, subject to the terms and conditions of this Agreement. The parties acknowledge that Apple Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Yodha Services. Apple Inc. and its subsidiaries shall be third-party beneficiaries of the Terms. If you accept the Terms, Apple Inc. will have the right to enforce the Terms against you as a third-party beneficiary thereof. To the extent that any product warranty is being granted to you by the Terms and is not disclaimed if the Yodha Services fail to conform to any applicable warranty, you may notify Apple Inc. and it will refund the purchase price for the Yodha Services to you. To the maximum extent permitted by applicable law, Apple Inc. will have no other warranty obligation whatsoever with respect to the Yodha Services, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty is solely Yodha’s responsibility.
Your Use of the Yodha Services
In order to use the Yodha Services, you must be 18 years of age or older. If you are between 14 and 18 years of age or the age of legal majority in your jurisdiction (if different than 18), you may also use the Yodha Services but only with the permission, involvement and under the supervision of a parent or legal guardian. You may only accept the Terms and use the Yodha Services with the permission of a parent or legal guardian. A parent or legal guardian may not allow persons under the age of 18 or the age of legal majority in your jurisdiction (if different than 18) to receive the Yodha services unless they are accompanied by him or her. You must not access the Yodha Services or accept the Terms if you are a person who is legally prohibited from receiving or using the Service or any Products under the laws of the country in which you are resident or from which you access or use the Yodha Services. If you use any Yodha Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, smartphone, tablet, or other devices, and you agree to accept responsibility for all activities that occur under your account or password. Account registration may require you to submit to Yodha certain personal information, such as your name, date and time of birth, place of birth and current residential address, your photo, mobile phone number, as well as a valid payment method like a credit card, debit card, Paypal, gift/code card or another form of payment (collectively, “Payment method(s)”, “Payment information(s)”). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date account information, including having invalid or expired payment information, may result in your inability to access and use the Yodha Services or Yodha’s termination of the Terms with you. WE PROHIBIT DISCLOSURE OF PERSONAL CONTACT INFORMATION TO OTHER USERS, INCLUDING CLIENTS AND ADVISORS. THIS INCLUDES, BUT IS NOT LIMITED TO, PHONE NUMBERS, COMPLETE ADDRESSES, AND E-MAIL ADDRESSES. IF YOU PROVIDE CONTACT INFORMATION TO ANOTHER USER, CLIENT, OR ADVISOR, YOU DO SO AT YOUR OWN RISK AND YOUR ACCOUNT MAY BE SUBJECT TO TERMINATION. We do not provide the Advisors with your personal information, such as your email address, but may forward your name, date and time of birth, place of birth, gender, photo, and other personal information in connection with facilitating the Yodha Services. Advisors are not permitted to request your personal contact information, address, payment information, or other sensitive information of a similar nature. You must not provide any such information even if an Advisor violates the Terms and asks you for it. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account credentials at all times. Unless otherwise permitted by Yodha in writing, you may only possess one Account per a particular Yodha Service. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. Yodha may at any time place limits on the number of devices and/or software applications you may use to access Yodha Products or Services, at Yodha’s sole discretion. You must adhere to all such limits. Yodha may record and store the unique device identifier numbers of your Devices in order to enforce such limits. If you do not agree to Yodha recording and storing this type of information then you should not use the Yodha Products or Services. You agree to comply with all applicable laws when using the Yodha Services, and you may only use the Yodha Services for lawful purposes. You will not in your use of the Yodha Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. You confirm that you are not located in a country that is subject to the embargo from another country and you are not listed on government lists of any country of prohibited or restricted parties. In certain instances, you may be asked to provide proof of identity to access or use the Yodha Services, and you agree that you may be denied access to or use of the Yodha Services if you refuse to provide proof of identity.
Upon termination, your right to use the Service will immediately cease. If You wish to terminate your account, You may simply discontinue using the Service.
By creating an account, you agree that the Yodha Services may send you informational and advertising communications through any communications technologies like SMS, Push Notifications, Emails, and any others as part of the normal business operation of your use of the Yodha Services. You may be opting out of receiving such communications from Yodha at any time by turning them off or deactivating your Account. You acknowledge that opting out of receiving communications may impact your use of the Yodha Services.
Free and/or Promotional Content, Bonuses, Codes
Yodha may, at its sole discretion, create and distribute free and/or promotional content, bonuses, codes (“Free/Promo Content”) that may be redeemed for Account credit, or other features or benefits related to the Yodha Services and/or a Third Party Provider’s services, subject to any additional terms that Yodha establishes. You agree that Free/Promo Content: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any way, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Yodha; (iii) may be disabled by Yodha at any time for any reason without liability to Yodha; (iv) may only be used pursuant to the specific terms that Yodha establishes for a particular Free/Promo Content; (v) are not valid for cash; and (vi) may expire prior to your use. Yodha reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Free/Promo Content by you or any other user in the event that Yodha determines or believes that the use or redemption of the Free/Promo Content was in error, fraudulent, illegal, or in violation of the applicable Free/Promo Content terms or the Terms.
In part or in full, content provided while using Yodha Services can be received through third-party services and content providers including Advisors or any others. Third-party service and content providers are not our employees, consultants, agents, or representatives. Advisors use the Service to provide clients with personalized readings and advice for entertainment purposes. You understand that any information provided to You by any Advisor is not a substitute for the advice and counsel of a qualified professional. We do not guarantee the verification of qualifications, certifications, credentials, competence, or background of Advisors or any third-party service and content provider. Your relationship relating to the Service is strictly and solely with the Advisor. We do not endorse, recommend, evaluate, warrant, or guarantee any opinion, response, advice, prediction, recommendation, information, or other service provided by Advisors or any third-party service and content provider. Yodha encourages Advisors to meet all Yodha guidelines, standards, and terms. However, Yodha does not have the possibility to provide the complete monitoring and control that all of its standards and terms are followed by Advisors or any third-party service and content provider. You acknowledge that Yodha does not have a possibility to provide monitoring and control of all of the content received by you while using Yodha Services and you expressly agree that the entire risk arising out of your use of the Yodha Services in connection therewith, remains solely with you, to the maximum extent permitted by applicable law. You understand that any information provided to You by any Advisor is strictly for general entertainment purposes and that any consultation with any Advisor or any information provided by any Advisor is not a substitute for the advice and counsel of a qualified professional. We do not provide the Advisors with your personal information, such as your real name or email address, but may provide your nickname, date of birth, and/or gender in connection with facilitating the Service. We do not guarantee the accuracy of a reading or any other advice exchanged.
Orders, Purchases, Payments, and Fees
Yodha may make available to you various payment methods to facilitate the purchase or charges of the Yodha Services (which together we refer to as the “Charges”). You must abide by any relevant terms and conditions or other legal agreement, whether with Yodha or a third party, that governs your use of a given payment method. Yodha may add or remove payment methods at its sole discretion and without notice to you. You agree to pay for any Yodha Services that you order and that Yodha or Yodha’s payment processor may charge you through payment method available in your country, along with any additional amounts (including any taxes). You are solely responsible for all fees associated with purchases you make on Yodha. All Charges are due immediately and payment will be facilitated by Yodha using the preferred payment method designated in your Account. If your primary account payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that Yodha may use a secondary payment method in your Account, if available. It is possible to purchase credits, tokens, coins, questions, and other types of virtual currency (collectively, “Credit(s)”), which may be used to pay for future orders of Yodha Products and Services. IF YOU DO NOT USE YOUR CREDIT FOR A PERIOD OF ONE YEAR AFTER IT IS PURCHASED, THE CREDIT MAY BECOME INACTIVE OR DORMANT.
A pre-authorization is a type of pending bank charge used to check an account for validity or approve funding for a purchase you attempt to make. You may be pre-authorized an amount before you make a purchase and then have the final charge submitted late. Another type of pre-authorization charge applies when a purchase is approved but won’t be posted to your account until later (when an item is back-ordered and shipping is delayed, for example). Keep in mind, that a charge may be pending for some days; this essentially holds the pending funds for the intended purchase but does not charge them permanently. Once the permanent charge is posted, the pre-authorization charge will “fall off” your account. This can take up to 20 working days or even longer in some rare circumstances. Contact your banking institution if this does not occur.
Pricing and Taxes
For sales as both principal and agent, Yodha displays the pricing for Yodha Services. With respect to Yodha Products or Services sold by Yodha, we cannot confirm the price of an item until you order. Pricing and availability of all Yodha Services are subject to change at any time before a purchase is completed. You are responsible for any Taxes, and must pay for Yodha Products or Services without any reduction for Taxes. (“Taxes” means any duties, customs fees, or taxes other than income tax, associated with the sale of Yodha Products or Services, including any related penalties or interest). You must comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with your use of Yodha or the purchase of Yodha Products or Services through Yodha. The reporting and payment of any such applicable taxes are your responsibility.
All Transactions Final
Except as expressly set forth in the Terms or other Yodha policies, all sales are final, and no returns, replacements, or refunds are permitted, unless there are technical problems preventing the delivery of the purchased Yodha Products or Services or you have been provided with defective ones. If a replacement, return, or refund is granted for any transaction, the transaction may be reversed, and you may no longer be able to access the Product or Service that you acquired through that transaction. If any or all of our digital Yodha Products or Services are temporarily unavailable, you will not receive a refund. Yodha reserve the right, at its sole discretion, to issue refunds or credits. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. Your rights to cancel or return purchases and get a refund are set out in the additional terms for the relevant Product type below.
Subscriptions Purchased Through Apple Inc.
Yodha may allow you to purchase access to content or Yodha Services on a subscription basis. Should you choose to subscribe to one of the available subscriptions a payment will be charged to your iTunes Account at the confirmation of your purchase. The subscription price and currency will vary by location. The subscription automatically renews unless is canceled at least 24-hours prior to the end of the current period. Your account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal. Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription to that publication, where applicable. Subscriptions may be managed by you and auto-renewal may be turned off by going to the user’s Account Settings. For more detailed information please refer to read the relevant Apple Inc. subscriptions terms and conditions.
Subscriptions Purchased Through Google.
Yodha may allow you to purchase access to content or Yodha Services on a subscription basis. Should you choose to subscribe to one of the available subscriptions a payment will be charged to your Google Play Store account at the confirmation of your purchase. The subscription price and currency will vary by location. Subscriptions are automatically charged each billing period (whether weekly, monthly, annually, or another period), and you may be charged no more than 24 hours before the beginning of each billing period. Subscriptions may be managed by you and auto-renewal may be turned off by going to the subscription settings on your Android device. For more detailed information please refer read the relevant Google Play Store subscriptions terms and conditions.
|Product and Service Type
|Subscriptions purchased through Apple Inc.
||The cancellation of the current active subscription period is not allowed. Refunds will not be provided for the unused portion of any term. Some subscriptions may offer a free trial. If you decide to unsubscribe from a subscription before any charges occur, cancel the subscription before the free trial ends.
|Subscriptions purchased through third parties (Google, Amazon)
||If you purchased your subscription through stores such as the Amazon Store or the Google Play Store, please refer to the store’s terms and conditions in regard to the relevant cancellation procedure.
|Subscriptions purchased directly through Yodha
||When you purchase a subscription, your contract for the subscription is completed. The right of cancellation expires when you are first able to access any of the relevant subscription content. If you purchase an auto-recurring periodic subscription (whether weekly, monthly, annual, or another period) to a Product, you may cancel that subscription at any time before the end of the applicable billing cycle, and the cancellation will apply at the end of that billing cycle. When you cancel, we will stop charging your account the following billing cycle. Your access will continue for the remainder of the current billing period.
To cancel your subscription, go to your Account in the “Your Subscriptions” section.
|Advisor’s services purchased through third parties
||If you purchased Yodha Products or Services through an App Store such as the Apple App Store, Amazon, or Google Play please refer to the app store’s terms and conditions in regard to the relevant cancellation procedure.
|Advisor’s services purchased directly through Yodha
||When you purchase a Product or a Service, your sale is final. The right of cancellation is expired when your order is placed.
Disclaimers, Liability, Governing Law
THE YODHA SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND FOR ENTERTAINMENT PURPOSES ONLY; YODHA DISCLAIMS ALL KIND OF WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YODHA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE YODHA SERVICES OR ANY SERVICES OR PRODUCTS REQUESTED THROUGH THE USE OF THE YODHA SERVICES, OR THAT THE YODHA SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YODHA DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF THIRD-PARTY PROVIDERS.
YOU EXPRESSLY AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE YODHA SERVICES, AND ANY SERVICE OR PRODUCTS REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. AND YOU AGREE THAT FROM TIME TO TIME YODHA MAY REMOVE THE YODHA SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE YODHA SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE YODHA SERVICES WITHOUT NOTICE TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT YODHA SERVICE DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT EVEN IF IT MAY SOUND SO. NONE OF THE YODHA CONTENT SHOULD BE CONSIDERED MEDICAL ADVICE OR AN ENDORSEMENT, REPRESENTATION, OR WARRANTY THAT ANY PARTICULAR MEDITATION OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. NONE OF THE YODHA CONTENT SHOULD BE CONSIDERED A SUBSTITUTE FOR QUALIFIED PROFESSIONAL ADVICE. WE STRONGLY RECOMMEND THAT YOU ALWAYS SEEK THE ADVICE OF A QUALIFIED AND LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER IN CONNECTION WITH ANY AND ALL QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS HEREIN, YODHA AND ITS THIRD-PARTY PROVIDERS EXPRESSLY DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED VIA OUR SERVICE.
YOU ACKNOWLEDGE, CONFIRM AND AGREE THAT THE YODHA SERVICE IS NOT DESIGNED FOR USE IN EMERGENCIES, FOR MEDICAL OR PSYCHOLOGICAL PURPOSES, FOR THERAPY, OR FOR ANY PURPOSE OTHER THAN ENTERTAINMENT.
YOU RELY ON OR ACT UPON THE ADVICE OF ANY ADVISOR OR OTHER USER OF THE SERVICE SOLELY AT YOUR OWN RISK AND BY YOUR OWN FREE AND VOLUNTARY ELECTION AND VOLITION. YOU BEAR SOLE RESPONSIBILITY AND LIABILITY FOR THE CONTENT THAT YOU SUBMIT AND ANY ACTS OR OMISSIONS UNDERTAKEN BY YOU IN CONNECTION WITH ANY OF THE INFORMATION OR ADVICE PROVIDED BY ANY ADVISOR, CLIENT, OR USER.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, YODHA AND THE THIRD PARTIES BENEFICIARIES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, OR ANY OTHER DAMAGES OR LOSSES, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE YODHA SERVICES, EVEN IF YODHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YODHA SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE YODHA SERVICES OR YOUR INABILITY TO ACCESS OR USE THE YODHA SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, HOWEVER, CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, OR OTHERWISE) AND EVEN IF YODHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event shall Yodha’s total liability to you for all damages exceed the amount of fifty USD ($50.00). The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.
YOU AGREE TO INDEMNIFY YODHA AND ITS EMPLOYEES, AFFILIATES, AGENTS OR ANY ITS THIRD PARTIES THAT IN NO CASE THEM SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, PUNITIVE, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE YODHA PRODUCTS OR SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE YODHA SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY OMISSIONS OR ERRORS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED DUE TO THE USE OF ANY CONTENT POSTED, SUBMITTED, TRANSMITTED, OR MADE AVAILABLE VIA THE YODHA SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. THERE ARE SOME COUNTRIES OR JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN THESE COUNTRIES OR JURISDICTIONS, YODHA LIABILITY SHALL BE LIMITED ONLY TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.
YODHA SHALL USE REASONABLE EFFORTS TO PROTECT THE INFORMATION POSTED OR SUBMITTED BY YOU IN CONNECTION WITH THE YODHA SERVICES BUT YOU AGREE THAT YOUR POSTING OR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE YODHA FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
You agree that any dispute, claim or controversy arising out of or relating to the Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Yodha Services (collectively, “Dispute(s)“). You expressly agree that the Terms and any dispute arising out of the Terms or use of the Yodha Services shall be governed, construed, and enforced in accordance with the laws of Nepal, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. For the resolution of any such dispute, you explicitly agree and consent to the exclusive personal, subject matter jurisdiction and venue of the courts located in Kathmandu, Nepal. You agree and submit to personal jurisdiction in such courts and you forever waive any argument or defense based on the venue, personal jurisdiction, or forum non-conveniens.
Compliance with regulations
Yodha makes no claim or representation that the Yodha Services are permitted, or lawful for the use outside Nepal. If You use the Yodha Service from a location outside Nepal, then you do it at your own risk and you are responsible for compliance with the governing laws of the jurisdiction where you reside. You explicitly represent and warrant that you are not located in a country that is subject to a United States Government embargo and that you are not listed on any United States Government list of restricted parties.
Class Action Waiver
YOU AND YODHA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THE INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION WHERE PERMITTED UNDER THE GOVERNING LAW. NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Notice and Procedure for Making Claims of Copyright Infringement
Yodha respects the intellectual property of others. If you believe that any Content available through the Yodha Services infringes a copyright claimed by you, please submit your claim along with the information required for copyright claim to Yodha at: firstname.lastname@example.org. We respond quickly to the concerns of rights owners about any alleged infringement.
The information required for copyright claim:
- A name of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please note that this procedure is exclusively for notifying Yodha that your copyrighted material has been infringed.
Notice and Procedure for other types of requests (excluding Copyright claims)
If you believe that any Yodha Products and Services purchased from Yodha have defects, please submit your claim along with the information required to Yodha at: email@example.com
The information required for your request:
- Your name;
- Your address, telephone number, and email address;
- A description of the matter and supporting materials, if any.