This Terms of Use (“TOU”) is published by Arpannaa Apex Alliance Private Limited, a company incorporated under the Companies Act, 2013, having its registered office at CTC No 399, 399/1 To 4, S V Road, Vile Parle (West), Mumbai – 400056 (CIN) U72900MH2021PTC362646 hereinafter referred to as “Company” which term, unless repugnant to the context or meaning thereof, shall mean and include its directors, employees, and associates to provide the terms of use that will be applicable in the context of DYD App (hereinafter referred to as its “Application”) and govern the persons downloading, using (hereinafter referred to as “visitor/s”) or signing up/registering the Application (hereinafter referred to as “Registered User/s”) ( Visitors and Registered User/s shall collectively be referred to as “Users”). 

This TOU should be read with the Privacy Policy published in the privacy policy section of the Company Application. USERS ARE HEREBY NOTIFIED THAT BY USING THE COMPANY APPLICATION IT IS DEEMED THAT THE VISITORS HAVE CONSENTED TO THIS TOU AND BY ACCEPTING THE TOU AND PRIVACY POLICY AT THE TIME OF REGISTRATION IT IS DEEMED THAT THE REGISTERED USERS HAVE CONSENTED TO THIS TOU AND THAT THE USER REPRESENTS TO COMPANY THAT THEIR AGE IS 18 YEARS OR MORE THAN 18 YEARS AND THAT THEY ARE AUTHORISED TO USE THE APPLICATION AND TO ENTER INTO THIS AGREEMENT. IF A VISITOR DISAGREES WITH THE TERMS OF THIS TOU OR THE APPLICATION OR INTENDS TO WITHDRAW THEIR CONSENT TO THE SAME THEN SUCH USER SHALL IMMEDIATELY CEASE USING THE COMPANY APPLICATION. IF A REGISTERED USER WISHES TO WITHDRAW CONSENT TO THESE TERMS THEN SUCH REGISTERED USER IS REQUIRED TO COMMUNICATE THE SAME TO THE GRIEVANCE OFFICER WHOSE DETAILS ARE PROVIDED IN THE PRIVACY POLICY ON THE APPLICATION IN THE MANNER SPECIFIED THEREIN. 

This TOU and the Privacy Policy is a legally binding contract between the User and Company (as provided in the Indian Contract Act, 1872, Information Technology Act, 2000, and the Information Technology rules) and hereby specifies the following terms: 

1. 1. The User is prohibited from publishing, hosting, displaying, uploading, modifying, transmitting, posting, communicating, updating, or sharing any information that –
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3. a. Belongs to another person and to which the user does not have any right to; 
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5. b. Is grossly harmful, harassing, abusive, blasphemous; defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; 
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7. c. Harm minors in any way;
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9. d. Infringes any patent, trademark, copyright, or other proprietary rights and third-party intellectual property rights; 
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11. e. Violates any law for the time being in force; 
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13. f. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; 
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15. g. Impersonate another person; 
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17. h. Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource; 
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19. i. Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations withforeign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation. 
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21. j. can be considered as unsolicited messages (commercial or otherwise). 
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2. 2. By (the User) continuing to the use of the Application and providing consent in the manner specified above, it is hereby agreed that the User has gone through the terms of this TOU and the terms of the Privacy Policy and is aware of all aspects related to the information collected from such User.

3. 3. If the User wishes to place an order for the services available on the Application, the User may be asked to supply certain information relevant to their order including, without limitation, User’s name, User’s address, User’s phone number, and such other details as required to provide services. The user represents and warrants that the information supplied by the User is true, correct, and complete.

4. 4. By submitting such information, the User grants us the right to provide the information to third parties for purposes of facilitating the completion of the User’s order.
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4. 5. Company reserve the right to refuse or cancel the User’s order at any time for certain reasons including but not limited

• Incorrect, insufficient, incomplete, or inaccurate information provided by the User. 
• Error in User’s order 
• In case of a force-majeure situation as described in clause 23. 
• If the User is located beyond the territory of the Company. 
• Unavailability of services, service providers and/or materials. 
• If fraud or an unauthorized or illegal transaction is suspected. 

6. 6. The User agrees and understands that the services provided by Company are varied and the details of the Services and the respective cost of the Services can be ascertained from the Application.  The User agrees and acknowledges that estimates provided by the Company are only indicative of any nature and that the actual cost or service fee may vary (or be higher than the estimate) and the User agrees and acknowledges that the User shall pay the service fee in accordance with the final bill provided by the Company.
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6. 7. The fee paid by the User (if any) is non-refundable. If the user desires to cancel the Services paid after booking but on the day of the commencement of services, then the User shall forfeit the booking amount or the advance paid by the User. If the User cancels the Services after commencement of the Services but before completion of the Services, then the User agrees that he/she shall be liable to pay the service fee as billed by the Company. The User agrees and acknowledges the prices or fee of the services mentioned on the Application is exclusive of applicable taxes and the same shall be borne by the User.
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6. 8. The User agrees to not use any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars, or intelligent agents) to navigate, hack, reverse engineer or search the Application;

9. 9. User agrees and understands that in the event Company learns (either through itself or through reports from other Users or third parties) that the User is contravening with any of the provisions of this TOU or the Privacy Policy or any law for the time being in force than without prejudice to other available rights and remedies, Company shall at all times and its sole discretion be entitled to disable, block, restrict the User’s access to the Application and remove any or all information (including but not limited to the contravening information) of the User from the Application without notice to the User. The company shall also be entitled to share such information with government authorities, attorneys, regulatory bodies, and law enforcement agencies.

10. 10. The User hereby understands that unless agreed otherwise in writing, Company shall not be responsible to indemnify any losses suffered by the User. The User irrevocably waives any and all rights to make any claims, file any suits or threaten or initiate any action against the Company seeking indemnification.

11. 11. The User agrees and acknowledges that Company shall at no point in time be liable for the losses, damages, or expenses suffered by the User owing to the disclosure of information (that is consented by the User as detailed in this TOU and the Privacy Policy or that is lawfully disclosed by Company to government, investigative or regulatory authorities) by Company. The User agrees and understands the revocation of consent to this TOU or Privacy Policy by a Registered User shall be effective from the date Company acknowledges the intimation of revocation of consent by the User and such revocation shall not have retrospective effect under any circumstances.

12. 12. IT IS HEREBY EXPLICITLY CLARIFIED THAT THE COMPANY SHALL NOT BE LIABLE AND DOES NOT EXPRESSLY OR IMPLIEDLY MAKE ANY WARRANTIES TO THE ACCURACY, TECHNICAL CORRECTNESS, BONAFIDE, OR AUTHENTICITY  OF ANY INFORMATION ON THE APPLICATION (INCLUDING BUT NOT LIMITED TO PRICE, DESCRIPTION, ADVERTISEMENTS, CONTENT ON THIRD-PARTY LINKED WEBSITES) AND THAT (UNLESS OTHERWISE AGREED IN WRITING BETWEEN THE INFORMATION PROVIDER AND COMPANY) COMPANY IS PUBLISHING THEM ON AN AS-IS BASIS OR BASED ON THE INPUTS RECEIVED FROM SUCH INFORMATION PROVIDERS. THE COMPANY SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THE USERS THAT RESULT IN THIRD-PARTY INTELLECTUAL PROPERTY RIGHT INFRINGEMENT.
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13. 13. WHILE THE COMPANY MAY EXERCISE BEST EFFORTS WITH REGARD TO THE TECHNICAL UPKEEP, MAINTENANCE, AND AVAILABILITY OF THE APPLICATION, THE COMPANY SHALL UNDER NO CIRCUMSTANCES BE RESPONSIBLE FOR ANY LOSS OF DATA OF THE USER OR FOR FAILURE OF APPLICATION OR APPLICATION-RELATED PROBLEMS (TECHNICAL OR OTHERWISE).  FURTHER, IT IS HEREBY CLARIFIED THAT THE COMPANY MAY AT ANY POINT IN TIME AND AT IT’S SOLE DISCRETION MIGRATE, TRANSFER OR SHUT DOWN OR MODIFY THE APPLICATION OR ANY PART THEREOF WITHOUT NOTICE TO THE USER. 
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14. 14. It is hereby clarified that in the event the User notices any content on the Application that infringes the intellectual property rights of any third party then the User shall have the option to report the same by writing to the Grievance Officer whose details are provided in the Privacy Policy. Upon receipt of such reports, Company shall act in a time-bound manner in this regard. For other general feedback and inputs or reports (other than those specified in this TOU and the Privacy Policy) the User is encouraged to reach out to us in the “contact us” page of the Application.
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15. 15. IT IS HEREBY CLARIFIED THAT THE COMPANY’S (AND ITS PARTNERS) GROSS LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY DISPUTES, LOSSES, DAMAGES OR EXPENSES INCURRED OR SUFFERED BY THE USER BY THE USE OF THE APPLICATION OR THE CONTENT THEREIN OR SERVICES PROVIDED BY COMPANY SHALL NOT EXCEED RS.1000/- (RUPEES ONE THOUSAND ONLY) OR THE AMOUNT OF ORDER VALUE, WHICHEVER IS LESSER. THE COMPANY SHALL UNDER NO CIRCUMSTANCES BE HELD LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOST REVENUES HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT AND WHETHER OR NOT WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED STATED HEREIN. 

IT IS FURTHER CLARIFIED THAT THE COMPANY SHALL NOT BE RESPONSIBLE, IN ANY MANNER, WHATSOEVER FOR ANY DELAY OR FAILURE TO MEET ITS OBLIGATION UNDER THE TERMS AND CONDITIONS WHICH MAY BE CAUSED DIRECTLY OR INDIRECTLY DUE TO FAILURE ON THE PART OF THE USER FOR UNAVAILABILITY/UNRESPONSIVENESS OR FAILURE TO PROVIDE COMPLETE AND ACCURATE INFORMATION. 

IT IS FURTHER CLARIFIED THAT THE COMPANY SHALL BE ONLY LIABLE TO PROVIDE LIMITED ASSISTANCE AND COOPERATION IN THE EVENT OF THEFT OR ACCIDENT OF THE VEHICLES WHILE IN THE PREMISES OF THE SERVICE PARTNERS. THE COMPANY SHALL PROVIDE ALL REQUISITE ASSISTANCE IN A TIMELY MANNER IN RESPECT OF ANY INSURANCE CLAIMS, REPORTING TO POLICE, AND/OR ANY OTHER FORMAL STEPS AS MAY BE REQUIRED BUT SHALL NOT BE LIABLE TO COMPENSATE THE USER FOR ITS LOSS UNLESS THE SAME IS CAUSED DUE TO AN ACT SOLELY ATTRIBUTABLE TO THE COMPANY OR DUE TO GROSS NEGLIGENCE OF COMPANY (AND NOT FOR THE NEGLIGENCE OF THE SERVICE PARTNER). 

USER AGREES AND ACKNOWLEDGES THAT THE COMPANY SHALL BE PROVIDING SERVICES IN ASSOCIATION WITH SERVICE PARTNERS AND THAT THE COMPANY NEITHER MANUFACTURES OR DEALS OR DISTRIBUTES IN THE SALE OF SPARE PARTS AND IN THE EVENT OF ANY DEFICIENCY IN SERVICE OR DEFECT IN SPARE PARTS THE USER SHALL APPROACH THE RESPECTIVE MANUFACTURER/DEALER/DISTRIBUTOR OR SERVICE PARTNER FOR REMEDIES AND SHALL NOT HOLD THE COMPANY LIABLE FOR THE SAME. 

16. 16. IN THE EVENT COMPANY FACES ANY SUITS OR CLAIMS OR SUFFERS ANY – LOSSES OR DAMAGES OR INCURS ANY EXPENSE OWING TO THE ACTS OR OMISSIONS (INCLUDING BUT NOT LIMITED TO THE CONTRAVENTION OF THIS TOU OR PRIVACY POLICY OR APPLICABLE LAW) OF THE USER THEN SUCH USER SHALL FULLY AND WITHOUT LIMITATION INDEMNIFY, PROTECT AND HOLD HARMLESS COMPANY, ITS DIRECTORS, EMPLOYEES AND ASSOCIATES FROM AND AGAINST SUCH LOSSES.
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17. 17.  In the event Company has executed a separate written agreement with the User pertaining to the subject matter hereof then such agreement shall be read with the Terms of this TOU and Privacy Policy, incase of any conflict between the terms of such specific agreement and this TOU and Privacy Policy, the terms of such specific agreement (to the extent of the conflicting portion only) shall prevail.

18. 18. This TOU and Privacy Policy shall be governed by the laws of India. User agrees that all disputes shall be subject to Arbitration by sole arbitrator appointed by Company and the courts of Mumbai shall have the exclusive jurisdiction to decide any disputes between the parties (e. for obtaining interim relief and/or for enforcing the arbitral award). User and Company shall bear their respective cost incurred during the dispute resolution process.
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19. 19. Company may amend or alter or vary this TOU and the Privacy Policy at any time and shall inform the User from time to time. In case of non-compliance with this TOU and Privacy Policy, Company has the right to terminate the access or usage rights of the users.
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19. 20. If any term or condition of our TOU and Privacy Policy shall be deemed invalid, illegal, or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the TOU shall continue in force without such term or condition.
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19. 21. No delay or failure on the Company’s part to enforce our rights or remedies under the Terms of Use or other policies shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
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19. 22.  Company shall not be liable for any failure or delay in performing any of its obligations under this TOU or Privacy Policy if such delay or failure is attributable to reasons beyond its control or due to a force-majeure event (including but not limited to natural disasters, strikes, lock-outs, labor problems, work stoppages, riots, acts of terrorism, technical problems or failures, delays or failure of services by vendors).
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19. 23. User is responsible for making all arrangements necessary for them to have access to the Application and thereby the Services. The user is also responsible for ensuring that any persons who access the Application through the User’s account are aware of these terms and that they shall comply with them. User and such persons are jointly and severally responsible and liable for all activities that take place or occur under the User’s account. User agrees that their ability to log into their account is dependent upon external factors such as internet service providers and internet network connectivity and Company shall not be liable to User for any damages arising from your inability to log in to User account. User hereby agrees and represents that the User is in compliance with applicable law and has the necessary ownership or authorization from the owner of the vehicle to appoint the Company to provide the Services required by the User. The User agrees and acknowledges that the Company shall not be held liable or made a party to any dispute between the User and the owner of the vehicle, and the User shall be responsible to indemnify the Company from and against any losses, damages, claims that is made or threatened to be made against the Company. The User represents that the User is authorized to allow the Company to provide the services at the premises specified by the User and that the User has obtained the necessary authorization for the same.

25. 24. The User hereby authorizes and gives consent to the Company, to send User, either through itself or through any third-party service provider, from time to time various information/alerts/SMS/others messages or calls or commercial communication, and other services on telephone numbers provided by the User, whether these numbers are registered with National Do Not Call Registry/ listed in National Customer Preference Register or not. I also inform you that by sending any of such messages/calls, the User will not hold Company and/or its third-party service provider liable /institute complaint under the Telecom Commercial Communications Customer Preference (TRAI) Regulations,2010 or such other applicable regulations including any amendment thereof, as may be applicable from time to time.

If User wish to opt-out from future communication, the User can do so by sending a request to info@dydindia.com for more information about opt-out option