YOLO

TERMS & CONDITIONS

Last Updated : 28 Oct 2023

The terms “We” / “Us” / “Our” / ”Company”/ "YOLO" / "YOLO Pay" individually and collectively refer to YOLO (Trivy Technologies Pvt. Ltd.) (“Company”) and the terms “Visitor” and ”User” refers to the users. This page states the Terms and Conditions under which you (Visitor) may visit this website https://getyolo.in. Please read this page carefully. If you do not accept the Terms and Conditions stated here, we will request you to exit this site. The business, any of its business divisions and/or its subsidiaries, associate companies or subsidiaries to subsidiaries or such other investment companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to re-appraise yourself of the Terms and Conditions because they are binding on all users of this Website. This service (“Service”) is a system that enables the youth of India with a financial education tool and to give parents a safe and convenient way to give their children pocket money, supervise their expenses, and teach them financial management. With YOLO, the aim is to create a safe and secure way for teens to make cashless transactions and promote the idea of Digital India. By using this Service, you acknowledge and accept the Service’s privacy policy, as set forth in https://getyolo.in, (“Privacy Policy”) and consent to the collection and use of your data in accordance with the Privacy Policy. By interacting with and/or using the Service, you signify your assent and agreement to these terms and conditions (“Terms ”). If you do not agree to these terms, you must not use the Service.


Licenses and Right To Use

YOLO (Trivy Technologies Pvt. Ltd.) hereby grants you a personal, revocable, non-exclusive, non-transferable, limited license (“License“) to use YOLO Pay App (which includes the App) for personal use on a computer, tablet, or mobile device in accordance with and subject to all the terms and conditions contained in this Agreement. YOLO (Trivy Technology Pvt. Ltd. reserves all rights not expressly granted to you in this Agreement. Your use of YOLO is strictly limited to use of your computer or mobile device for the purpose of accessing your account to review the amount spent on purchase of goods and services with the YOLO cards. Any other use of the License or YOLO is strictly prohibited, and you may not sublicense or otherwise grant any third-party permission to use YOLO on your behalf or on behalf of such third party or any other party. You shall not copy, publish, reproduce, alter, modify, adapt, create derivative works from, sell, license, distribute, share, publicly display, republish, upload, post, transmit, decompile, decipher, or reverse engineer YOLO or any information or material that is a component of or otherwise associated with YOLO, which information and material includes the intellectual property of YOLO (Trivy Technologies Pvt. Ltd.). YOLO (Trivy Technologies Pvt. Ltd.) and its logos, graphics, icons, and scripts used in connection with YOLO on your computer or Mobile Device, YOLO (Trivy Technologies Pvt. Ltd.) website, or elsewhere are trademarks, or registered trademarks of YOLO (Trivy Technologies Pvt. Ltd.). YOLO (Trivy Technologies Pvt. Ltd.) reserves all present and future intellectual property rights throughout the world, and the License granted to you pursuant to this Agreement only permits you to use YOLO (Trivy Technologies Pvt. Ltd.). in strict compliance with all the terms and conditions of this Agreement. YOLO reserved intellectual property rights include, without limitation, the following: all patents, trademarks, service marks, trade secrets, and trade dress rights; all copyrights; all mask work rights, rights of publicity, and moral rights; and all associated goodwill.


Acceptable Website Use

(A) Security Rules Visitors are prohibited from violating or attempting to violate the security of the Web site, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or “Trojan horse” to the Website, overloading, “flooding”, “mail-bombing” or “crashing”, or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and/or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
(B) General Rules Visitors may not use the Web Site in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.


Indemnity

You will indemnify, defend, and hold harmless YOLO (Trivy Technologies Pvt. Ltd.) (and its employees, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement, including without limitation any violation of the policies of YOLO (Trivy Technologies Pvt. Ltd.) (b) your wrongful or improper use of YOLO (Trivy Technologies Pvt. Ltd.) (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (d) your violation of any law, rule or regulation of the Republic of India; (e) any other party’s access and/or use of YOLO (Trivy Technologies Pvt. Ltd.) with your unique username, password or other appropriate security code.


Confidentiality and Security of Registration Information

Cardholder is liable entirely for maintaining the confidentiality of the registration information viz.. image, phrase, PIN and other verification information used on the YOLO solution. All activities that occur using the Registration information or other verification information supplied to or established by Cardholder with respect to YOLO will be the sole responsibility of the cardholder. Cardholder is responsible not to share information which enables access/ usage of YOLO to any third party. Customer should immediately notify the bank of any unauthorized use of their YOLO verification information, or any other breach of security. The cardholder agrees that NPCI will not be liable for any loss or damage arising from failure of Cardholder to comply with these T&Cs. YOLO cards can be used by a minor of any age through his /her natural or legally appointed guardian. Minors below the age of 18 years (on obtaining satisfactory proof of age) are allowed to operate the card independently if they so desire. On attaining a majority, the erstwhile minor should be legally allowed to use the card and if the card is operated by the natural guardian/ legal guardian, fresh operating instructions and specimen signature of erstwhile minor should be obtained and kept on record for all operational purposes. The natural or legally designated guardian is responsible for the financial and legal consequences of any minor’s actions or inactions.


Confidentiality of Customer Information

Cardholder Registration information will not be shared with any online merchant establishments for which YOLO is used. Cardholder agrees to permit the Bank/NPCI to store the Registration information in their databases and are permitted to disclose it if required to do so by Applicable Law, in good faith believing that such preservation or disclosure is permitted by Applicable Law, or as reasonably necessary to (i) comply with legal process or (ii) enforce these T&C. Cookies and Do Not Track / Incognito mode settings The YOLO Pay App uses Google Analytics, a web analytics service provided by Google. This software uses cookies, which are text files containing small amounts of information which are downloaded to your device when you visit a website, in order to provide a personalised browsing experience. These cookies help Google identify unique users, unique sessions, gather information and store information. No personally identifiable information is retrieved or stored. Cookies allow users to navigate between pages efficiently, remember their preferences, and generally improve their browsing experience. These cookies collect information analytics about how users use a website, for instance, often visited pages, time spent on each page etc. All information collected by third party cookies is aggregated and therefore anonymous. By using the YOLO website, the user agrees that these types of cookies can be placed on his / her device. The user is free to disable/ delete these cookies by changing his / her web browser settings. YOLO and its affiliates are not responsible for cookies placed in the device of Users by any other website and the information collected thereto.


Subscription

The subscription prices shall be determined by the Company, in its sole discretion. When you purchase a subscription, you must provide us with complete and accurate payment and other information required by the Company. By submitting payment details you promise that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your subscription-based Service or your entire access to Services on Site. In suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties. If you are entitled to a refund under these terms and conditions we will credit that refund to the card or other payment method you used to submit payment, unless it has expired in which case we will contact you. The Company uses third-party payment gateway services to receive payment from Users for its subscription-based Services. For our subscription, Company shall endeavour to process your subscription promptly, but Company does not guarantee that your subscription will be activated by any specified time. By submitting your payment and other subscription details, you are making an offer to us to buy a subscription. Your offer will only be accepted by us and a contract will be formed when we have successfully verified your payment details and email address, at which point we will provide you with access to your subscription. Company reserves the unfettered right to reject any offer made by its Users, at its discretion, for any or no reason. Taxes: Subscription and access to subscription-based Services fall under the purview of applicable Tax laws of India. Unless otherwise indicated, prices stated on Site are inclusive of applicable taxes, including but not limited to Goods and Services Tax (GST) or other applicable taxes. Pricing errors: User hereby agrees and acknowledges that contents on Site may become subject to technical glitch and/or errors including but not limited to price list, subscription details etc. If we incorrectly or due to a technical glitch or error state a price to you whether online or otherwise, we are not obliged to provide you with a subscription at that price, even if we have mistakenly accepted your offer to buy a subscription at that price, and we reserve the right to subsequently notify you of any pricing error. If we do this, you may cancel the subscription-based Service without any obligation to us and we will refund you any money you have paid us in full, or you may pay the correct price. If you refuse to exercise either of these choices then we may cancel your access to our subscription-based Services and will refund you any money you have paid us in full. The Company always endeavours to act in good faith in determining whether a genuine pricing error has occurred or not. Other costs: In addition to any subscription fees you pay for our subscription based Services, you are responsible for paying any internet connection or other telecommunications charges that you may incur by accessing the Services and/or subscription based Services . For example, if you use any of our mobile services, then your network operator may charge you for data or messaging services. Term, renewal and cancellation: You can choose a subscription-based Service of the term and duration offered by the Company as listed on the Site. Your subscription will renew automatically unless you cancel it before it renews in order to avoid billing of subscription fees for the renewal term. We will notify you through SMS or email or both before the renewal date. Subscription to the subscription based Services commences immediately upon the realisation of payment of the subscription fees from the Users and there can be no cancellation once a User's account is active for the subscription based Services. The Company reserves the right to suspend or terminate your subscription if you breach these Terms, with or without notice and without further obligation to you. We may also suspend or terminate your subscription if we are prevented from providing Services to you by circumstances beyond our control. The Company may, in exceptional circumstances, cease to publish the Site, the Site content or cease to provide subscription-based Services. The Company will give you at least 15 days' notice of this, if possible. If we do so, then we will have no further obligation on you except for a refund of the unexpired period of your paid subscription. This means that we will refund you with any amounts that you have paid us in advance that relate to any remaining and unexpired period of your subscription.


YOLO Coins

YOLO offers its users YOLO Coins in various forms for their regular and continuous use of the YOLO App. These Coins are provided for performing various actions on the YOLO Pay App. Each user who makes his /her payments through the YOLO Pay earns YOLO Coins (“YOLO Coins” or “Coins”). Users are issued Coins at a one-to-one conversion i.e. user will acquire YOLOCoins based on the Participation in Games and through transactions in YOLO Pay App. Similarly, each user can also earn YOLO Coins (“YOLO Coins” or 'Coins') for referring friends to the YOLO Pay App. A user may get rewarded up to 1000 (thousand) Coins for each successful referral. These YOLO Coins including YOLO Coins are rewarded purely for the regular use of the YOLO Pay App does not permit any purchase or accrual of these coins in any other way. These YOLO Coins may be redeemed by Users to participate in various rewards/offers that are run by the YOLO Pay App for all users from time to time. YOLO reserves the right, at its sole discretion, to change the mode of the accrual of one or any of these types of loyalty points, including the number of such loyalty points received in proportion to the User’s activities. Furthermore, YOLO reserves the right to disqualify any User who does not meet the offer requirements or for any other reason, including but not limited to any misuse of the offer or fraud or suspicious transaction/activity or under any legal requirement or applicable rules and regulations, from receiving any loyalty points. YOLO also reserves the right to discontinue or change or issue any new form of Coins offered at any time, at its sole discretion. YOLO may also, at its discretion, specify an expiry period for the YOLO Coins.


Limitation of Liability and Damages

In no event YOLO (Trivy Technologies Pvt. Ltd.) , or its contractors, agents, licensors, partners or suppliers will be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non- pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the YOLO Services, the YOLO Platform or any reference site/app/platform/service; or (iii) Your use or inability to use the YOLO Services, the YOLO Platform (including any and all materials) or any reference sites/app/platform/service, even if YOLO or a YOLO authorized representative has been advised of the possibility of such damages. In no event, YOLO directors, employees, agents, will be liable to You for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the YOLO Services, the YOLO Pay Platform or any reference site/app/platform/service; or (iii) Your use or inability to use the YOLO services, the YOLO Pay Platform (including any and all materials) or any reference sites/app/platform/service; or (iv) any other interactions with YOLO, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by You, if any, for using the portion of the YOLO Service or the YOLO Pay Platform giving rise to the cause of action, or beyond or in excess Rs.5,000, whichever is less. You acknowledge and agree that YOLO has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and YOLO, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and YOLO. YOLO would not be able to provide the services to You on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions will apply to You subject to applicable law. In such cases, YOLO's liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.


Disclaimer of Warranties

All the contents of this App are only for general information (or) use. No information on this App constitutes advice by YOLO, and should not be relied upon in making (or refraining from making) any decisions. Replies to any queries in any part of the App by any person other than YOLO (Trivy Technologies Pvt. Ltd.) are the personal opinion of such persons and are not subscribed to by this Site. YOLO (Trivy Technologies Pvt. Ltd.) , its directors, employees, agents, representatives, affiliates and associates shall not be liable, at any time, for damages (including, without limitation, damages for loss of business projects, or loss of profits) arising in contract, tort or otherwise from the use of or inability to use the Site, or any of its contents, or from any act or omissions as a result of using the Site or its contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Site. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation. Certain links on the Site lead to resources located on servers maintained by third parties over whom YOLO (Trivy Technologies Pvt. Ltd.) has no control or connection, business or otherwise as these sites are external to YOLO. YOLO therefore neither endorses nor offers any judgement or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these Sites.


Termination/Suspension of Account

YOLO (Trivy Technologies Pvt. Ltd.) reserves the right to terminate, or suspend the Services offered by the App to You at any time, without prior notice, for any reason whatsoever, including due to any changes in internal policy or due to RBI Regulations or other applicable laws. The YOLO reserves the right to change, suspend, or discontinue temporarily or permanently, some or all of the Services (including the content and the devices through which the Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that the Company may do so in its sole discretion. If the Company terminates your account or suspends or discontinues your access to the Services due to your violation of these Terms, then subject to the nature of violation you may not be eligible for any such credit, refund, discount or other consideration.


Dispute Resolution

You and YOLO (Trivy Technologies Pvt. Ltd.) may elect to resolve any controversy or claim arising out of or relating to these Terms or the App by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Gautam Buddha Nagar (Noida) and judgment on the arbitration award may be entered in any court having jurisdiction thereof. The language of arbitration shall be English.


Governing Laws

These Terms and the Privacy Policy shall be governed in all respect by the laws of India. Any dispute in relation to YOLO shall be subject to the exclusive jurisdiction of the Courts of Gautam Buddha Nagar (Noida)


Refunds and Cancellations

Our focus is on complete customer satisfaction. In the event, if you are displeased with the services provided, we will refund the money, provided the reasons are genuine and proved after investigation. Our Policy for the cancellation and refund will be as follows: Refund Policy: For refunds please contact us at team@getyolo.in In case of dissatisfaction with our services, clients have the liberty to cancel their YOLO card, the subscription and request a refund from us. Refund will be made after deducting the printing and logistics cost of the card. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase and in case of payment gateway name payments, refunds will be made to the same account. Cancellation Policy: For Cancellations please contact us at team@getyolo.in In case of dissatisfaction from our services, clients have the liberty to cancel their YOLO card and request a refund from us. Refund will be made after deducting the printing and logistics cost of the card.


Customer Support

If you need to communicate with YOLO (Trivy Technologies Pvt. Ltd.) for any reason, such as for technical support, to resolve a Dispute, to close your YOLO Pay account, or to opt-out of the sharing of Personal Information regarding which you have the right to opt-out, contact YOLO's Customer Support Department by e-mail at team@getyolo.in


Fees and Charges

You agree to pay all fees and charges that may be notified from time to time. YOLO may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.


Miscellaneous

Except as expressly provided in these terms, these terms are a complete statement of the agreement between You and YOLO, and they describe the entire liability of YOLO and its vendors and suppliers (including processors) and your exclusive remedy with respect to your access and use of YOLO. If any provision of these terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. These terms does not limit any rights that YOLO may have under trade secret, copyright, patent, or other laws. YOLO failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision. No waiver of any of these terms shall be deemed a further or continuing waiver of such term or any other term.

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