Terms of Service
Please read the following terms of service (the “Terms“) carefully, as your use of the platform (as defined below) is subject to your acceptance of and compliance with the following Terms.
You accept and agree to all of the terms and conditions contained herein. These terms constitute a legally binding agreement between you and the company (as defined below).
If you do not agree to all or any of these terms, you must not use or install the platform.
- “Company”; “Us”; “We”; “Our”; “Radyes” shall mean Radyes DMCC, including its parent company and/or holding company.
- “Customers” shall mean the individuals registered on the Platform to avail the Services.
- “Delivery Partner” shall mean and include an individual or third-party entity appointed by the Merchants to provide delivery services for Products to the Customers
- “Merchants(s)” shall mean the individuals and/or entities, registered on the Platform to promote or sell Products and services through the Platform.
- “Platform” shall mean and include a social e-commerce engine namely “RadYes” developed and owned by RadYes made available for use on the Company’s website email@example.com that utilizes third-party social networking sites or channels to enable Merchants to promote and sell their Products through the Platform to Customers.
- “Products” shall mean and include the goods, products and services, which can be availed by the Customers offered by the Merchants through the Platform.
- “Services” shall mean and include the services provided by us through the Platform to the Users and Merchants registered on the Platform.
- “You”; “your”; “Users” shall mean and include in its ambit users who visit, access and/or use the Platform and shall also include Customers.
User Account Security
You will be responsible for maintaining the confidentiality of your User Account and are fully responsible for all activities that occur under your User Account. You agree to immediately notify the Company of any unauthorized use of your User Account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
You agree to use the Platform only: (i) for purposes that are permitted by these Terms; and (ii) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by the Company or other Users.
You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by the Company. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Company property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
You acknowledge and agree that by accessing or using the Platform, you may be exposed to content from third parties that you may consider offensive, indecent or otherwise objectionable. The Company disclaims all liabilities arising in relation to such offensive content on the Platform.
Access To The Platform
The Platform is intended for the use of Users who are of 18 years of age or older. This Platform is not directed for use by any User under the age of 18.
You agree to:
a) provide accurate, authenticated and true information about yourself;
b) maintain the security of your passwords and identification;
c) promptly update the email address and mobile number listed in connection with your User Account to keep it accurate so that we can contact you; and
d) be fully responsible for all actions through your User Account.
You must not set up an User Account on behalf of another individual or entity unless you are authorized to do so.
Registration with the Platform does not make you a member, shareholder or affiliate of the Company for any purposes whatsoever, nor shall you have any of the rights of statutory members of the Company.
Unauthorized Use; False Information: You shall: (i) notify us immediately of any unauthorized use of your User Account or any other known or suspected breach of security, (ii) use reasonable efforts to stop any unauthorized use of the Platform or your User Account that is known to you or suspected, and (iii) not provide false identity or information to gain access to or use the Platform.
Prices for Products would be listed on the Platform and are incorporated into these Terms by reference. All prices are inclusive of taxes unless stated otherwise. Prices, Products and services are offered by the respective Merchants and may change in accordance with the guidelines or other terms and conditions applicable to each Merchant.
Where applicable, you may pay for the subscription to the Services and display of a business listing through the Platform as specified, and in accordance with, the payment terms otherwise specified under the agreement entered into with the Merchant which terms shall at all times supersede those included in these Terms.
Users can pay for the Products through various modes of payment through our Platform or directly to the Merchant by using the following options:
Cash on Delivery
Debit Card/Credit Card/ATM Card
Or through any other mode of payment as may be acceptable to the Company.
Any and all payment processing services through the Platform on the related business listing including your purchase of the Product(s) will be provided directly to our payment provider via a secured connection through the business listing. You agree that we may immediately authorize your credit card (or other approved facility) for payment for any order made through the Services or otherwise on the related business listing.
We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of a Customer having exceeded the credit limit with his or her bank or for any payment issue arising out of the transaction.
Use of the payment facilities provided on the Platform shall not render the Company liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the Products listed on the Platform. The Company shall not be responsible for any damages, interests or claims arising from not processing a transaction. We should receive any payment made by credit card or any other mode as mentioned above on time. If for any reason We do not receive payment from the credit card issuer or any agent involved in any of the above payment modes, You agree that you shall pay all amounts due upon demand by Us.
Every User hereby agrees to provide accurate information, such as credit/debit information for purchasing Products on the Platform. Every User further warrants that he/she shall not use payment information or instrument that is not lawfully owned by the User. The Company and the Platform disclaims all liabilities arising out of loss or misuse of any information pertaining to the confidentiality of the credit/debit card details or pre-paid instrument account. In addition to these Terms, the terms and conditions of the bank or other financial institution shall also be applicable to every User. We disclaim any liability arising out of declining of payment by such bank or financial institution.
We may in our sole discretion impose limits on the number of transactions which an individual holding a financial instrument may use for payment for Products.
Any applicable fees relating to the value of sales made on Merchant’s business listing through the Platform when using payment gateways, Delivery Charges, third party social media platforms and any other third-party fees (“Third-Party Fees”) relating to Merchant’s offer, display and sale of the Products shall be dealt with and specified separately by and between you and the relevant third-party, directly or indirectly through us. Some Third-Party Fees may be collected or processed through us and directly transferred to the recipient thereof, after permissible and agreed upon payment of certain Third-Party Fees (where applicable) has been deducted (“Permissible Deductions”). For the avoidance of doubt, where Third-Party Fees are processed or collected by us, including Delivery Charges we are solely acting in the capacity of intermediary and shall not in any manner whatsoever be responsible or liable for reconciliation, the amount transferred, the transaction success, Permissible Deductions and/or the validity of the Third-Party Fees so processed or collected.
There are no hidden charges. Any additional charges being levied will be displayed to you prior to deduction. You pay only the amount that you see in your order summary at the time of check out.
The Platform is merely a facilitator for providing the User with payment channels through automated online electronic payments, cash on delivery, collection and remittance facility for the payment of Products purchased by the User on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks.
Delivery and Orders
Once the Customer places an order for the Products through the Platform, the Merchant shall either accept or decline such order on the Platform.
The Merchant may contact the Customer if an order cannot be processed as requested or to clarify the details of an order, if required, post confirmation of accepting the order.
The Merchant shall be solely responsible for the delivery of the Products at the Customer’s delivery address, unless collection of the Products is undertaken by the Customer. Company shall not be liable for any acts or omissions on part of the Delivery Partner including deficiency in service, wrong delivery of order, time taken to deliver the order, order package tampering, etc. An order, when placed and accepted by a Merchant, constitutes a separate contract between you and the Merchant. The Company through the Platform is merely acting as an intermediary between you and the Merchant or you and third-party providers, including, payment gateway, delivery provider, etc.
The Company reserves the right to suspend or cease providing any services, product, merchant and/or vendor published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
You may be charged a delivery fee for delivery of your order by the Delivery Partner or the Merchant, (“Delivery Charges”). You agree that we are authorized to collect, on behalf of the Merchant or the Delivery Partner, the Delivery Charges for the delivery service provided, as the case may be. The Delivery Charges may vary from order to order, which may be determined on multiple factors which shall include but not be limited to order value, distance, demand during peak hours. We will use reasonable efforts to inform you of the Delivery Charges that may apply to you, provided you will be responsible for Delivery Charges incurred for your order regardless of your awareness of such Delivery Charges.
Refunds and Cancellations
Refund: All refunds related to orders confirmed are subject to the refund policies of the Merchants from which you order as displayed on their website or communicated by the Merchant. If you contact us seeking for a refund, we will not process any refund until we receive the approval from the applicable Merchant. We will use reasonable efforts to request and obtain refunds when appropriate. You are responsible for all applicable taxes (if any) that arise from or as a result of your subscription to the Service or your purchase of the Products.
If you see any charges on your credit/debit card for purchases made but you have never created an account or signed up, please check with your family members or business colleagues authorized to make purchases on your behalf. If you’re still unable to recognize the charge, please report and email us regarding the unauthorized purchase within 30 days of the transaction so that we can look into it. In case of a payment failure, please retry ensuring that information passed on to payment gateway is accurate i.e., account details, billing address, password (for net banking), etc. Kindly also check if your Internet connection has been disrupted in the process.
If your account has been debited after a payment failure, it is normally rolled back to your account within 7 business days. You acknowledge that it may take up to 10 business days for refund depending on payment method and local bank used by you.
Please reach our customer services at firstname.lastname@example.org with your order number for any further clarification regarding your matter relating to refund.
Cancellation: Once an order is placed it cannot be cancelled.
WE RESERVE THE RIGHT TO CANCEL AN ORDER WHERE IT APPEARS THAT A USER HAS ENGAGED IN FRAUDULENT OR INAPPROPRIATE ACTIVITY OR VIOLATED THESE TERMS OR UNDER OTHER CIRCUMSTANCES WHERE IT APPEAR THAT THE ORDER CONTAINS OR RESULTED FROM A MISTAKE OR ERROR. IN ADDITION, WE RESERVE THE RIGHT TO REPORT ANY FRAUDULENT OR INAPPROPRIATE TRANSACTION OR ACTIVITY TO APPROPRIATE AUTHORITIES AT OUR DISCRETION. AND DENY YOU ANY FURTHER ACCESS OR USE.
Please reach our customer services at email@example.com with your order number for any further evaluation of your matter relating to order cancellation.
Content Ownership and Rights
Where used in these Terms, “Content” shall include but is not limited to, Product images, Product information, photos, audio, video, location data, nearby places, and all other forms of information or data uploaded by the Merchant. We do not independently investigate verify the standards, descriptions, statements, or representations made by the Merchants and do not guarantee the quality of the Products, the prices listed, the availability of any item selected or accuracy of any Content. Any certification, licenses or permits (“Certification”) or information in regard to such Certification that may be displayed on the Merchant business listing page on the Platform is for informational purposes only. We do not make any warranties about the validity, authenticity, reliability and accuracy of such Certification or any information displayed in this regard. Any reliance by a Customer upon the Certification or information thereto shall be strictly at such Customer’s own risk and we in no manner shall assume any liability whatsoever for any losses or damages in connection with the use of this information or for any inaccuracy, invalidity or discrepancy in the Certification or non-compliance of any applicable local laws or regulations by the Merchant.
Company’s Content: The Website is owned and operated by us. All of the content featured or displayed on the Website, including, but not limited to, text, graphics, designs, layout, look, visual interfaces, interactive features, appearance, photographs, images, illustrations and software (the “Company’s Content”), is owned by us or our licensors and/or its content providers. All the elements of the Website including but not limited to general design are or may be protected by trade dress, copyright, moral rights, trademark and other laws related to intellectual property rights.
RadYes Content: There may be proprietary logos, service marks and trademarks found on the Platform whether owned/used by RadYes or otherwise. By displaying them on the Platform we are not granting you any license to utilize those proprietary logos, service marks, or trademarks.
Feedback: User grants to the Company a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Company’s Services including the Platform any suggestion, enhancement request, recommendation, correction or other feedback provided by you as a User relating to the operation of the Company’s Platform or the Services.
The Platform may contain third party advertisements. The display of such advertisements does not in any way imply an endorsement or recommendation by the Company of the relevant advertiser or the merchant, its products or services. You are referred to the relevant advertiser or merchant for all information regarding the advertisement and its products and/or services. The Company accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
You agree not to engage in any of the following activities:
reproduce, redistribute, duplicate, copy, sell, resell, lease, transfer, sub-license, publish or exploit for any purposes, any portion of the Platform, use of the Platform, or access to the Platform;
decompile, disassemble, reverse engineer, and attempt to discover the Platform or reduce the Platform to a human-perceivable form;
use the Platform or any the Services for any purposes that potentially could cause or might result into any property damage, death, bodily injury or personal injury or any other hazardous application of the Services;
upload, post, email, transmit or otherwise make available any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
use automated scripts or programs to access or download pages, documents, images or any other content in the Platform other than the provided application program interface (“API”);
Violating laws and rights: You shall not (a) use or allow use of the Platform for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights;
You will not use the Platform to develop any competing applications, websites or products which are similar or substantially similar to the Platform or the Services;
Solicitation: You shall not use the Platform for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation;
Disruption: You shall not use the Platform in any manner that could disable, overburden, damage, or impair the Platform, or interfere with another User use and enjoyment of the Platform; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services on the Platform, or violating any regulation, policy, or procedure of any network, equipment, or server;
Harming others: You shall not share or transmit contents or details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act;
Impersonation or unauthorized access: You shall not impersonate another individual, or misrepresent your affiliation with any other user, while using the Platform;
You shall not, without any prior permission of such concerned User, use or attempt to use another’s Account or personal information; and, you shall not attempt to gain unauthorized access to the Platform, or the computer systems or networks connected to the Platform, through hacking password mining or any other means.
Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM, THE PRODUCTS AND THE SERVICES PROVIDED THROUGH IT IS ENTIRELY AT YOUR OWN RISK AND THAT THE PLATFORM AND THE INFORMATION THEREIN ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED BY THE COMPANY TO THE FULLEST EXTENT PERMITTED BY LAW. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OF THE PRODUCTS, ANY INFORMATION PROVIDED OR THE PLATFORM’S CONTENT OR THE DATA SHARED BY OR THE CONTENT OF ANY THIRD PARTY LINKED TO THE PLATFORM, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM AND THE PRODUCTS, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT.THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY INFORMATION ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED PLATFORM OR FEATURED IN ANY MANNER OR OTHER ADVERTISING, AND THE COMPANY SHALL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY MERCHANTS OR ADVERTISERS.
COMPANY SHALL NOT BE RESPONSIBLE FOR THE QUALITY OR QUANTITY OF THE PRODUCTS DELIVERED, AND THE SAME SHALL BE THE SOLE RESPONSIBILITY OF THE MERCHANT.
COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY HEALTH ISSUES WHICH YOU INCUR OR FACE DUE TO THE USE OR CONSUMPTION OF THE PRODUCTS.
COMPANY IS NOT RESPONSIBLE FOR DELAY IN PROVIDING THE PRODUCTS OR IF THE PRODUCTS ARE NOT AS PER SPECIFICATIONS PROVIDED BY YOU.
COMPANY TAKES NO RESPONSIBILITY FOR THE PRODUCTS PROVIDED BY THE MERCHANTS, AND THE USER TAKES RESPONSIBILITY FOR HIS OR HER OWN ACTIONS IN UTILIZING THE PRODUCTS.
ALTHOUGH YOU ARE ABLE TO PLACE ORDERS ON THE BUSINESS LISTING THROUGH THE PLATFORM AND/OR USE OUR SERVICES, ACCESSED THROUGH THIRD PARTY SOCIAL NETWORKING CHANNELS, COMPANY ITSELF DOES NOT SELL THE PRODUCTS CONTAINED IN YOUR ORDER, IS NOT A PARTY TO ANY SUCH TRANSACTION, AND HAS NO CONTROL OVER THE QUALITY, SAFETY OR DELIVERY OF THE PRODUCTS.
THE SERVICES AND/OR THE CONTENT MAY CONTAIN TECHNICAL INACCURACIES, INTERRUPTIONS, TYPOGRAPHICAL ERRORS, OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, PRICING, OR OTHER ERRORS LISTED ON OR OMITTED FROM THE PLATFORM AND/OR THE CONTENT. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SERVICES INCLUDING THE BUSINESS LISTINGS AT ANY TIME WITHOUT NOTICE.
WE RESERVE THE RIGHT TO CANCEL OR MODIFY AN ORDER WHERE IT APPEARS THAT A USER HAS ENGAGED IN FRAUDULENT OR INAPPROPRIATE ACTIVITY OR UNDER OTHER CIRCUMSTANCES WHERE IT APPEAR THAT THE ORDER CONTAINS OR RESULTED FROM A MISTAKE OR ERROR. IN ADDITION, WE RESERVE THE RIGHT TO REPORT ANY FRAUDULENT OR INAPPROPRIATE CONDUCT TO APPROPRIATE AUTHORITIES AT OUR DISCRETION.
You agree to defend, indemnify and hold harmless the Company and owner of the Platform , its directors, agents, officers, personnel, employees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising out of or related to: (i) your use of and access to the Platform/or the Services, including any data or content transmitted or received by you; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) User content or any other information or content that is submitted through your Account including without limitation misleading, false, incomplete or inaccurate information(vi) any act, omission, negligence, misconduct, fraud or theft
Limitation of Liability
Neither Company, nor any of its affiliates, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Platform and/or the Services will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the materials on the Platform and/or the Services, including damages caused by viruses or any incorrectness or incompleteness of the information on the Platform, the Services or use of the Products, even if Company has been advised of the possibility of any such damages.
The Company reserves the right to terminate your right and access to use the Platform with or without any reason whatsoever. Additionally, your right to access and use the Platform terminates automatically upon your material breach of these Terms and deactivation of the User Account.
Survival: The Disclaimer of Warranties, the Limitation of Liability and Indemnification provisions will survive any termination of these Terms.
Please revisit this page periodically to stay aware of any changes to these Terms, which we may update from time to time. If we modify these Terms, we will make it available on our Website or through the Platform, and may indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change via email or our Platform. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Platform for the first time after such material changes are made. Your continued use of the Platform after the revised Terms has become effective indicates that you have read, understood and agreed to the current version of these Terms.
Assignment: These Terms, and any rights and licenses granted hereunder, shall not be transferred or assigned by you but may be assigned by the Company without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void.
Entire Terms /Severability: These Terms, together with any amendments and any additional agreement you may enter with the Company in connection with the Service, shall constitute the entire agreement between you and the Company concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Independent Contractors: You acknowledge that the provision of Platform and/or the Services is on a principal-to-principal basis and each party hereto is an independent contractor. These Terms do not create a relationship of joint venture, partnership, principal/agent, employer/ employee between the Company and the User.
Force Majeure: Without limiting the foregoing, under no circumstances shall the Company be held liable for any damage or loss due to deficiency in performance of the Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, software failures, machinery breakdown, strike, quarantines or due to government regulations, floods, storms, electrical failure, civil disturbances, riots, pandemics, epidemics, any other natural or man-made disaster and any other reason beyond reasonable control of the Company. Nothing mentioned under this section shall be applicable to the payment obligation of the User if any.
No Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Support: In case of any customer complaints, you may contact us at firstname.lastname@example.org