Terms and Conditions of Techcherry

Welcome to MYOPTICALAPP(YES-BM), a mobile app operated by Techcherry Infosystem (referred to as the “COMPANY”).

Acceptance of terms of use

These terms of use (Terms) constitute a legally binding agreement between User or you (as defined below) and the Company regarding your use of the MYOPTICALAPP(YES-BM) website i.e. http://www.yes-bm.com (the Site), MYOPTICALAPP(YES-BM) Android Application (the Mobile Application “App”) and associated services.

“User” or “You” means any institution or person who accesses, avails, or uses this site or the app of the Company for the purpose of recording, hosting, sharing, transacting, communicating, displaying or uploading information or views and includes other persons jointly participating in using the site or the app of the Company. Further, there are two types of users, namely Merchants and Customers. “Merchants” are the institutions or individuals who provide goods/services to others on credit. “Customers” are th e counterparties to such peer-to-peer credit transactions in the ecosystem. Same user could act both as a Merchant and Customer, depending on the context of the transaction they are participating.

By accessing the Site, App or Service, you agree to be bound by these Terms. You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize the Service of the site, they shall do so only with the involvement & guidance of their parents and/or legal guardians. The Company reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms. Please check these Terms periodically for changes. Your continued use of the App and Website after the posting of changes constitutes your binding acceptance of such changes. In addition, when using any particular services, you may be subject to any posted guidelines or rules applicable to such services. All such guidelines or rules are hereby incorporated by reference into the Terms.

If you do not agree with the Terms, please do not use/install the Site or the MYOPTICALAPP(YES-BM) App.

MYOPTICALAPP(YES-BM) app access to use

Registration: Merchants need to register in order to start using the app, while Customers are auto-registered when the merchant records the Customer’s information. To register for MYOPTICALAPP(YES-BM) Merchants are required to open an account by completing the registration process (i.e. by providing us with current, complete and accurate information as prompted by the applicable registration form). You expressly agree to absolve the Company and/or the MYOPTICALAPP(YES-BM) App and MYOPTICALAPP(YES-BM) Site service of any responsibility/liability in this regard.

By registering, you agree to the Terms stated herein and in addition to any other specific terms which shall be posted at an appropriate location of the App/Site.

Access to use: To access the MYOPTICALAPP(YES-BM) App, you will be asked to enter your mobile number and OTP, as assigned/chosen by you during your registration, to establish a unique identity for you.

If the Company reasonably believes that an account is being used/misused in any manner, the Company shall reserve the right to cancel access rights immediately without notice, and block access to all such users. Furthermore, you shall be entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss that you may incur as a result of someone else using your account, however, you could be held liable for losses incurred by the Company or another party due to someone else using your account.

Availability: The data provided through MYOPTICALAPP(YES-BM) App will change from time to time. The quality of the app’s service may vary from device to device, and may be affected by a variety of factors, such as your location, internet bandwidth available through and/or speed of your Internet connection, etc. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.

Geographic Limitation: You may use the MYOPTICALAPP(YES-BM) App only in geographic locations where the Company offers the App. The Company may use technologies to verify your geographic location.

MYOPTICALAPP(YES-BM) Mobile Application: The MYOPTICALAPP(YES-BM) App is developed and designed to maintain stock/inventory, create order or direct sale/sale return, Purchase/purchase return, daybook, cashbook, stock reports,etc .The transaction information is relayed to the Customer, subject to the availability of Customer’s contact information or new customer. This App may vary by device and medium, and functionalities may also differ between devices. This software is licensed to you pursuant to these Terms and solely for the purpose of using the MYOPTICALAPP(YES-BM) App and for no other purpose whatsoever. The Company does not warrant the performance of the software, including its continuing compatibility any device. Any unauthorised use of the application is strictly prohibited and The Company reserves the right to not provide the application (including updates) to you at any time and to discontinue the ability to access the MYOPTICALAPP(YES-BM) App through such software at any time, without prior or any notice. When you use a MYOPTICALAPP(YES-BM) App ready device, you expressly represent that you have the express authority to use such device and be liable for any transaction conducted through such device on the App.

Intellectual Property Rights and Limited Linense Limited License: Subject to your compliance with the Terms herein, the Company hereby grants you a personal, limited, non-exclusive, non-transferable, chargeable revocable license to use the MYOPTICALAPP(YES-BM) App for personal or stipulated commercial use only. Except for the foregoing limited license, no right, title or interest shall be transferred to you. We reserve all rights not expressly granted in and to the Site and/or MYOPTICALAPP(YES-BM) App. Any unauthorised use of the MYOPTICALAPP(YES-BM) App will result in termination of the limited license granted by the Company and cancellation of your account without any refund. Use of Site or MYOPTICALAPP(YES-BM) App for any other purpose may result in severe civil and criminal penalties.

Your obligations You hereby agree and assure the Company that the Site and/or MYOPTICALAPP(YES-BM) App shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws. You further concur that you shall not:

Circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Site or the MYOPTICALAPP(YES-BM) App; Either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate,broadcast, display, sell, transmit or retransmit the Content unless expressly permitted by the Company in writing;

Either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms Use the Site or MYOPTICALAPP(YES-BM) App in any manner that could damage, disable, overburden, or impair and not to undertake any action which is harmful or potentially harmful to any of the Company´s server(s), or the network(s), computer systems/resource connected to any of the Company server, or interfere with any other party´s use and enjoyment of the Site or MYOPTICALAPP(YES-BM) App; Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site/Service; Perform any activity which is likely to cause such harm; Carry out any “denial of service” (DoS, DDoS) or an y other harmful attacks on application, site, or internet service or; Use the Site or the MYOPTICALAPP(YES-BM) App for illegal purposes; Disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to the Company website, forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site or MYOPTICALAPP(YES-BM) App; Attempt to gain unauthorized access to MYOPTICALAPP(YES-BM) App, other accounts and computer systems through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or the MYOPTICALAPP(YES-BM) App; Create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by the Company; Use or launch any “robots”, “spiders”, “offline rea ders” etc. or any other automated system, that acce sses the Site and/or MYOPTICALAPP(YES-BM) App in a manner that sends numerous automated requests to the Site´s servers in a given period of time, which a human cannot reasonably send in the same period by using conventional web browsing application or tool(s) for similar purposes.

Prohibited activities
You agree not to host, display, upload, modify, publish, transmit, update or share any information via the MYOPTICALAPP(YES-BM) App or Site or otherwise and/or User personal details which Belongs to another person and to which you do not have any right to; Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; Harm minors in any way; Infringes any patent, trademark, copyright or other proprietary rights; Violates any law for the time being in force; Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; Impersonate another person; Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; 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 cognisable offence or prevents investigation of any offence or is insulting any other nation; Contain misleading information regarding the origin of the Content; Or otherwise contains objectionable content. Any content or information uploaded by you shall be subject to relevant laws and may disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in noncompliance with the laws and regulations, these terms, or the privacy policy of the Site and the MYOPTICALAPP(YES-BM) App, we may terminate your account/block your access to the Site and App; and we reserve the right to remove any non-compliant content uploaded by you and shall further have the right to take recourse to such remedies as would be available to the Company under the applicable laws.

These features may change without notice to you and the degrees of associated information sharing and functionality may also change without notice.

The Company is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“User Feedback”), including responses to questionnaires, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the MYOPTICALAPP(YES-BM) App and Site. By posting/submitting any User Feedback, you grant the Company a perpetual, worldwide, non-exclusive, royalty-free irrevocable, sub-licensable license and right in such User Feedback/User Submission to the Company, including the right to display, use, reproduce or modify the User Feedback/User Submission in any media, software or technology of any kind now existing or developed in the future.

Operators of public search engines have the permission to use functionalities like spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases, in our sole discretion. You agree not to collect or harvest any personally identifiable information, including account names, from the Site/App, nor to use the communication systems provided by the Site/App for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to its User information, transaction data, or communication.

You shall be financially responsible for your use of the MYOPTICALAPP(YES-BM) App and Site(as well as for use of your account by others, including without limitation minors living with you). You undertake to supervise and be responsible for all usage of minors of the MYOPTICALAPP(YES-BM) App and access of the Site under your name or account and absolve the Company from any liability on this account. You also warrant that all information supplied by you or members of your family for using the MYOPTICALAPP(YES-BM) App and accessing the Site, including without limitation your name, email address, mobile number, business entity name is correct and accurate, and belongs to you. Failure to provide accurate information may subject you to civil and criminal penalties.

You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the MYOPTICALAPP(YES-BM) App, including, without limitation, modems, hardware, software, telephone service and Internet Access. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the MYOPTICALAPP(YES-BM) App.

You agree that the Company may directly or through third party service providers send information to you about the various services offered by the Company from time to time.

Links to other sites

The Site may contain the links or pointers to other websites but you should not infer or assume that the Company operates, controls, or is otherwise connected with these other websites. When you click on a link within the Site, the Company may not warn you that you have left the Site and are subject to the terms and conditions (including privacy policies) of another website. Please be careful to read the terms of use and privacy policy of any other website before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another website.

The Company is not responsible for the content or practices of any other website even if it links to the Site and even if the website is operated by a company affiliated or otherwise connected with the Company. You acknowledge and agree that the Company is not responsible or liable to you for any content or other materials hosted and served from any website other than the Site.

Collection and use of personal information

For information about the Company’s policies and practices regarding the collection and use of your personally identifiable information, please read the Privacy Policy. The Privacy Policy is incorporated by reference and made part of these Terms. Thus, by agreeing to these Terms, you agree that your presence on the Site and use of the MYOPTICALAPP(YES-BM) App are governed by the Company’s Privacy Policy in effect at the time of your use. The Company reserves the right to disclose any information that is required to be shared, disclosed or made available to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to the Company. The Company can further disclose your name, phone number, email, as it in its sole discretion believes necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.

Disclaimer of warranties and liability

You understand and agree that the Company provides the MYOPTICALAPP(YES-BM) App on an ‘as-is’ ‘with all faults’ and ‘as available’ basis. You agree that use of the Sit e or the MYOPTICALAPP(YES-BM) App is at your own risk. All warranties including without limitation, the implied warranties of merchantability, fitness for a particular purpose, for the title and non-infringement are disclaimed and excluded.

No representations, warranties or guarantees whatsoever are made by the Company as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (b) that the service will be uninterrupted, timely, secure, or error-free; (c) the quality of any services, content, information, or other material on the website and the MYOPTICALAPP(YES-BM) App will meet your expectations or requirements; (d) any errors in the Site and the MYOPTICALAPP(YES-BM) App will be corrected; (e) warranties against infringement of any third party intellectual property or proprietary rights; or (f) other warranties relating to performance, non-performance, or other acts or omissions of the Company, its officers, directors, employees, affiliates, agents, licensors, or suppliers.

The Company does not warrant that any of the software used and or licensed in connection with the MYOPTICALAPP(YES-BM) App will be compatible with other third party software or devices nor does it warrant that operation of the MYOPTICALAPP(YES-BM) App and the associated software will not damage or disrupt other software or hardware.

The Company, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages arising out of or in any way connected with the use of Site or the MYOPTICALAPP(YES-BM) App, whether based in contract, tort, strict liability, or other theory, even if the Company have been advised of the possibility of damages.

In the event any exclusion contained herein be held to be invalid for any reason and the Company or any of its affiliate entities, officers, directors or employees become liable for loss or damage, then, any such liability of the Company or any of its affiliate entities, officers, directors or employees shall be limited to not exceeding the charges or amounts paid by you via the App in the month preceding the date of your claim.

Indemnification You agree to indemnify, defend and hold harmless, the Company, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of: Any claim due to or arising out of your violation of these Terms, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder;

Your use or misuse of or access to the Site or the MYOPTICALAPP(YES-BM) App; Your violation of any law, regulation or third party right, including without limitation any copyright, property, or privacy right; or Any claim that you have caused damage to a third party. The Company reserves the right, at its own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with the Company’s defence of these claims.

Termination of account, suspension or discontinuation of MYOPTICALAPP(YES-BM) app service
The Company reserves the right to change, suspend, or discontinue temporarily or permanently, some or all of the MYOPTICALAPP(YES-BM) App Service (including the Content and the devices through which the MYOPTICALAPP(YES-BM) App Service 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. You also agree that the Company will not be liable to you for any modification, suspension, or discontinuance of the MYOPTICALAPP(YES-BM) App Service.

General terms

Relationship: None of the provisions of the Terms shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner, whatsoever. This agreement is solely for your and the Company’s benefit and not for the benefit of any other person, except for permitted successors and assigns under this Agreement.

Assignment: You may not transfer to anyone else, either temporarily or permanently, any rights to use the MYOPTICALAPP(YES-BM) App or any part of the MYOPTICALAPP(YES-BM) App Service. Any attempt by you to do so is void. the Company may assign, transfer, delegate and/or grant all or any part of its rights, privileges and properties hereunder to any person or entity.

Force Majeure: Neither Party shall have any liability for any interruption or delay, to access the Site due to Force Majeure Event. For the purposes of this clause, ´Force Majeure Event´ means any event or circumstance or combination of events and circumstances which is reasonably beyond the control of the party affected thereby and which causes or results in default or delay in performance by such affected party of any of its obligations under this agreement and includes an act of God, war, hostilities, civil commotion, strikes, lockouts and other industrial disputes.

Applicable Law: These Terms are governed by and construed in accordance with, the laws of India without giving effect to principles of conflict of law. In the event of any dispute or claim by you against the Company, you agree to submit to the exclusive jurisdiction of courts at Faridabad.

Limited Time To Bring Your Claim: You and the Company agree that any cause of action arising out of or related to use of the Site or the MYOPTICALAPP(YES-BM) App Service must commence within one (1) Months after the cause of action accrues otherwise, such cause of action will be permanently barred.

Survival: Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the usage period.

Non Waiver: Any express waiver or failure to exercise promptly any right under this agreement will not create a continuing waiver or any expectation of non-enforcement.

Entire Agreement: These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.