PROANTO (Mobile Application) owned and developed by YOMA Technologies Pvt. Ltd. (“We/ Us/ Our/ PROANTO Platform(s)”) appreciates your visit and is delighted to have you as a client. PROANTO Platforms are particularly designed for electronic commerce (E-Commerce) and are predominantly used by business entities to facilitate transactions and orders on e-commerce platforms. We aim at creating a transparent e commerce platform.

 

PROANTO Platforms and its subsidiaries want each of the visitor of the Website/ Mobil Application (“you”) to have a safe, pleasurable visit, so we have established the following terms of use so that we (we and you) know what to expect from each other. By accessing or using the services of PROANTO Platforms including the Website and Mobile Application (“Service”), you signify that you have read, understood, and agree to be bound by this Terms and Conditions policy (“This Policy”), our Privacy Policy, and any additional terms and conditions, notices and disclaimers displayed through the Service.

 

We reserve the right to amend this Policy at any time and without notice .We encourage you to review the Mobile Application/ Website and these Terms and Conditions periodically for any updates or change. Your continued access or use of the Services after any such changes constitutes your acceptance of the new terms.

 

  1. GENERAL BUSINESS RULES

 

1.1     Products offered and views expressed while interaction are of the person offering the products and do not reflect our positions. We do not necessarily endorse, support, sanction, encourage, verify or agree with the description or the products offered. We are not responsible for the advertisement or offers posted by our participants. If you participate on the platform, you agree not to post products or content that:

 

  1. May create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
  2. May constitute or contribute to a crime or tort;
  3. Contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable;
  4. Contains any information or content that is illegal, or that you that you do not have a right to make available under any law or under contractual or fiduciary relationships;

 

1.2     Without limiting the foregoing, we shall have the right to remove any material/ advertisement/ offer that we, in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable. Notwithstanding this right, users shall remain solely responsible for the content of their content/ offers.

 

 

 

  1. USE OF SERVICES

 

We grant you permission to use the PROANTO Platforms as set forth in this Policy, provided that:

 

  1. You will not copy, distribute, or disclose any part of the Service in any medium;
  2. You will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; and
  3. You will otherwise comply with the terms and conditions of this Policy.

 

2.1     You may never use any other account apart from your own account that has been allotted to you by us. At the time of creating your account for use on our platforms, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, hence, you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. Although we are not liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of PROANTO Platforms or others due to such unauthorized use

 

2.2     We may permanently or temporarily terminate, suspend, or refuse to permit your access to the Website and/or Mobile Application without notice and liability, if, in our sole determination, you violate any provision of this Policy, including by carrying out any of the following prohibited actions:

  1. Attempting to interfere with the system integrity or security.
  2. Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
  3. Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
  4. Interfering with the proper working of the Service; or,
  5. Bypassing the measures we may use to prevent or restrict access to the Service.

 

2.3     You are solely responsible for your interactions/ transactions with other Users of our platform. We reserve the right, but have no obligation, to monitor disputes between you and other Users. We shall have no liability for your interactions with other Users, or for any User’s action or inaction.

 

2.4     You are prohibited from posting on or transmitting through the Website or the Mobile application any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

 

2.5     You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the PROANTO Platform or use of the Platform. You agree not to access our Platform by any means other than through the interface that is provided by us for use in accessing the Website and Application.

  1. PROHIBITED USES

 

3.1    You must not use our Platforms in any manner that could, or could reasonably be expected to, damage or overburden any of our servers or interfere with any other party’s use of the Website or Mobile Application or which is, in contravention of any applicable laws or any party’s rights or legal entitlements under any applicable laws.

 

3.2     You must not attempt to gain unauthorised access to the Website and/or Mobile application, the server on which the Site and Application is stored or any server, computer or database connected to the Site.

 

3.3     We will report a breach of clause ‎3.2 to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

 

  1. MEANS OF ACCESS

 

4.1     PROANTO Platforms are generally intended to be viewed by a conventional web browser for the Website and/ or a hand held mobile device for Mobile Application. Be aware that the Website and/or Mobile Application may not appear accurately all the time through these methods or may not appear entirely/ properly through other access methods.

 

4.2     You use the Site entirely at your own risk.

 

4.3     You must not access the Site through devices or services that are designed to provide high-speed, automated, repeated access.

 

4.4    Certain parts of our Platforms are protected by passwords or require a login. You must not obtain or attempt to obtain unauthorised access to such parts, or to any other protected materials or information, through any means not intentionally made available by us for your specific use.

 

  1. PRICING AND AVAILABILITY

 

5.1     Unless otherwise expressly stated, all prices on our platforms are exclusive of all applicable taxes and surcharges. All prices are mentioned in INR (Indian National Rupee)

 

5.2     Prices and availability of goods and offers stated on our Platforms are subject to change at any time until your order has been confirmed and your payment has been processed. While we will endeavour to ensure that the information on our platforms is as accurate and as up to date as possible, we do not provide a warranty to that effect. You acknowledge that we have no responsibility for the accuracy, completeness, currency or timeliness of price and availability information.

 

5.3     Special offers advertised on our platforms at any time are not applicable to any transaction that has already been confirmed.

 

 

 

  1. OUR RIGHTS

 

6.1     We may elect to electronically monitor areas of or our entire Platform and may disclose any content, records, or electronic communication of any kind

 

  1. To satisfy any law, regulation, or government request;
  2. If such disclosure is necessary or appropriate to operate the Platforms; or
  3. To protect our rights or property or the rights of the users, Sponsors, Providers, Licensors, or Merchants.

 

6.2     We may terminate your access, or suspend your access to all or part of the Platform, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or our policies, or is harmful to us or any other user.

 

  1. TERMINATION

 

If you no longer agree to be bound by the Terms of Use, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of our Platforms with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and bar any further access to information or the Platform. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Platforms.

 

  1. PAYMENT

 

8.1     We accept all major international credit and debit cards and Paytm. Your Card or your Paytm account will be debited when you place the order and click on ‘confirm payment’.

 

8.2     Please supply us with the correct Card billing and cardholder information. If you do not supply the correct information, the purchase order might be delayed or cancelled. We reserve the right to cancel orders made through our platforms if payment is declined or if you have supplied incorrect information.

 

8.3     We may incur charges when an order is made through our platforms using a Card. We reserve the right to pass on to you, in full, any changes incurred by us in connection with any order or purchase made through our platform by you using a Card.

 

8.4     We may outsource payment processing to a third party provider. We will not be liable to you or anyone else for any loss resulting from an act or omission of a third party payment provider.

 

 

 

  1. NO WARRANTY

 

9.1     Any content accessed, downloaded or otherwise obtained through the use of the PROANTO Platforms is done at your own risk and you will be solely responsible for any damage or threat to your hand held device, computer system and loss of information or data that result from such access, download or use.

 

9.2     To the maximum extent permitted by applicable law, PROANTO Platform does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised, offered or sold (including product advertised or offered by a third party) by us on our platform or any hyperlinked website, Site or service, or featured in any banner or other advertising, and we will not be a party to or in any way monitor any transaction between you and third-party providers.

 

  1. NO WAIVER

 

You agree that our failure to enforce any provisions of these Terms and Conditions or respond to a breach by you or other parties does not in any way waive our right to enforce subsequently any terms or conditions of this policy or to act with respect to similar breaches.

 

  1. LIMITATION OF LIABILITY

 

11.1   To the maximum extent permitted by applicable law, in no event shall we, our affiliates, employees or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goods, data or other intangible losses, that result from the use of, or inability to use, our Website and/or Mobile application (including related uses). Under no circumstances shall we be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of our platforms or your account or the information contained therein.

 

11.2   To the maximum extent permitted by applicable law, Company assumes no liability or responsibility for any:

 

  1. Errors, mistakes, or inaccuracies of content;
  2. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Service;
  3. Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;
  4. Any interruption or cessation of transmission to or from the service;
  5. Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party;
  6. Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content on the Platforms.

 

11.3   The Service is controlled and operated from facilities in India. Company makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations.

  1. INDEMNITY

 

You agree to indemnify the related parties against and hold our related parties harmless from all liability, losses, costs, and expenses (including legal expenses/ fees) related to or incurred as a result of your use of the Platforms or claims made in connection with such use.

 

  1. SECURITY

 

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk. You further agree that by submitting your personal information including personally identifiable information such as phone number, email address, etc. on our platform, you provide your consent to be contacted by us including but not limited by way of calls, emails, post, etc.

 

  1. LICENSE

 

You hereby grant to us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, translate, transmit and distribute any information or material you supply or communicate to us via such advertisements/ offers, on our platforms now in existence or developed hereafter, for any purpose, including commercial uses. You shall be solely liable to bear losses/damages arising on account of us using the information and material supplied by you.

 

  1. MISCELLANEOUS

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Policy or your access to and use of the Service.

 

  1. CONTACT

 

Questions, comments and requests regarding this Privacy Policy are welcome and must be addressed to:

 

“YOMA Technologies Pvt. Ltd.”/ “PROANTO (Mobile Application)”

Address: Unit No 405, Fourth Floor, Vipul Trade Center, Sohna – Gurgaon Rd, opposite Vatika Business Park, Sector 48, Gurugram, Haryana 122018f

Email: app@yomamultinational.com

 

  1. JURISDICTION

 

This Policy shall be governed by the laws of Republic of India and the courts at Gurgaon, Haryana shall have the jurisdiction to the same.