Terms of Service

Terms of Service

These Terms of Use (“Terms”) govern your access to and use of our website [RadYes.co] through any mobile application, (the “Website”), use any of our services through other user interface, or by dealing with a Merchant or its platform who uses our services (the “Services”). By using our Services and/or Website, you agree to be bound by these Terms, including the policies referenced in these Terms (such as our Privacy Policy and Service Agreement entered into by and between the Merchant and RadYes, which together with these Terms, shall form the “Agreement”).

Please read these Terms carefully. By accessing or using the Platform, you are agreeing to these Terms and concluding a legally binding contract with RadYes. You further understand and agree that RadYes will treat your use of the Services as acceptance of the Terms. We reserve the right to update or change the Terms by posting updates and changes on the Website, if you do not accept such amendments, you must cease using the Services.

You agree to use the Website, Platform and Services only for purposes that are permitted by (a) the terms of the Agreement; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

As used in these Terms, referrals to “RadYes”, the “Company”, “we”, “us”, and “our” means RadYes Holding and/or its affiliates.

RadYes is a customized social e-commerce engine (the “Platform”) that utilizes third-party social networking sites to enable merchants to promote and sell their goods, products and services (the “Products”) through the Platform (each, a “Merchant”) to end-customers, including but not limited to users having access to the Platform and/or using the Services to access and/or purchase the Merchant Products through third party e-commerce social channels (each, a “User”).

As used in these Terms, “you” or “your” refers to someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the Services including without limitation a Merchant having a business listing on the Platform or a User.

These Terms are effective for all existing and future Merchant or Users, including but without limitation to users using the Services or having access to Merchant business listing accessed through the Platform.

OUR RIGHTS

We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.

We reserve the right to refuse service to anyone for any reason at any time.

We further reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment.

In the event of a dispute regarding account ownership of your business listing, we reserve the right to request documentation to determine or confirm account ownership of the business listing. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, etc.

If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, RadYes reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.

YOUR RESPONSIBILITIES

When listing a Product(s) as part of a business listing, you must, where applicable, fully educate and inform purchaser about (i) any risks inherent (ii) any requirements for purchasing, such as the minimum age, related skills, level of fitness or other requirements, and (iii) anything else they may need to know when they purchase the Product.

You assume all risks associated with your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your Content that makes you personally identifiable.

Your request to order Products from a Merchant by clicking on ‘Place Order’ tab on the Merchant business listing page on the Platform which shall constitute an unconditional and irrevocable authorization issued in favour of RadYes to place online orders for such Products against the Merchant on your behalf.

An order, when placed on your behalf by RadYes and accepted by a Merchant, constitutes a separate contract. RadYes is merely acting as an intermediary between you and the Merchant or you and third-party providers, including, payment gateway, delivery provider, etc.

CONTENT

Where used in these Terms, “Content” shall include but is not limited to, images, photos, audio, video, location data, nearby places, and all other forms of information or data that you upload, share or transmit to, through or in connection with the Services, including content created and made available by us in connection therewith, and any other materials that you publicly display or displayed in your business listing. Content shall exclude any third-party content that is available on the Platform or as part of the Services. Any Content made so available or created by us shall be based on information provided to us by you.

We do not claim any intellectual property rights over the Content you provide as part of the Service. All Content you upload remains yours.

You understand that by uploading the Content, you allow RadYes to store, and in the case of Content you post publicly, display and use your Content. Excluding credit card information, your Content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting network or devices. Credit card information is always encrypted during transfer over network.

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. You agree that RadYes can, at any time, review and delete all the Content submitted to its Service, although RadYes is under no obligation whatsoever to do so.

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. Such Certification is displayed by RadYes on an ‘as available’ basis that is provided to RadYes by the Merchant(s). RadYes does 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 User upon the Certification or information thereto shall be strictly at such User’s own risk and RadYes 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.

To the extent that you provide Content, you grant RadYes a fully-transferable, royalty-free, perpetual, sub licensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the Content, including at all times  right and license to use the names, trademarks, service marks and logos associated with your business listing to promote the Service. This license includes granting RadYes the right to authorize others to use Content. Nothing in these Terms shall restrict other legal rights RadYes may have to Content, for example under other licenses which are directly competitive with the Content provided by any one Merchant or shared through its business listing. We reserve the right to remove or modify Content for any reason, including Content that we believe violates the terms of the Agreements and/or applicable laws and regulations.

RadYes Content

The Website is owned and operated by RadYes. 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 “RadYes Content”), is owned by RadYes or its licensors and/or its content providers. All elements of the Website including, but not limited to, the general design and the RadYes Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights.

Third Party Content

Through the Website and/or Platform, you will have the ability to access and/or use content provided by Merchant, Users, service providers, payment gateways, other users, and/or other third parties and links to websites and services maintained by third parties including any social media, messaging, or web platform integrated into the Website. RadYes cannot guarantee that such third-party content, on the Website and/or Platform, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. RadYes disclaims any responsibility or liability related to your access or use of such third-party content.

We care about your security. While we work to protect the security of your account and any information provided by you, RadYes cannot guarantee that unauthorized third parties will not be able to defeat our security measures.

ACCOUNT

You must create an account in order to use some of the features offered by the Services, including without limitation to the Platform. The person signing up for the Service by opening an account will be the contracting party of the Merchant (“Store Owner”). Use of any personal information you provide to us during the account creation process and for the business listing is governed by our Privacy Policy. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account.

You may also be able to register to use the Services or access business listings by logging into your account with your credentials from certain third-party social networking sites. You authorize us to collect your authentication information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions. Any personal information shared, stored or processed by us shall at all times adhere to the Privacy Policy.

In creating an account, you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information on the business listing as and when necessary in order to keep it accurate. By creating an account as Store Owner or any one business listings, you represent to us that you are the owner or authorized agent of such business. You acknowledge that any false claiming of a business listing through the Platform may cause RadYes or third parties to incur substantial economic damages and losses for which you may be held liable and accountable.

You also agree that you will not allow any third party to use your account for any purpose and that you will be liable for such unauthorized access.

Staff Accounts

You can create one or more staff accounts (“Staff Accounts”) allowing other people to access any one Store Owner account and/or business listings. With Staff Accounts, the Store Owner can set permissions and determine the level of access by Staff Accounts to specific business information.

The Store Owner is responsible and liable for the acts, omissions and defaults arising from the use of the Staff Accounts in the performance of obligations under these Terms, as if they were the Store Owner’s own acts, omissions or defaults.

The Store Owner and the users under the Staff Accounts shall be collectively referred to as Merchants.

PAYMENT TERMS

The prices of the Products shall be as made available by the Merchants and as displayed on the business listings through Platform.

Where applicable, you may pay for your subscription to the Services and display of a business listing through the Platform as specified in, and in accordance with, the payment terms otherwise specified under the Agreement entered into with the Merchant which terms shall at all times supercede those included in these Terms.

You may pay for the Products via our Services or directly to the Merchant using cash or credit/debit on delivery option.
Any and all payment processing services through the Services 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 RadYes 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.

You may be charged a delivery fee for delivery of your order by the third-party delivery provider or the Merchant, as any of which may determine (“Delivery Charges”). You agree that RadYes is authorized to collect, on behalf of the Merchant or the third-party delivery provider, 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. RadYes 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.

Any applicable fees relating to the value of sales made on your business listing through the Platform when using payment providers, Delivery Charges, third party social media platforms and any other third-party fees (“Third-Party Fees”) relating to your offer, display and sale of the Products shall be dealt with and specified separately by and between you and the relevant third-party provider, 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.

All refunds are subject to the refund policies of the Merchants from which you order as displayed on the according business listing or otherwise communicated by Merchant. If you contact us seeking a refund, we cannot and 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.

LIABILITY

Limitation of Liability

Your use of the Website, the Platform and/or the Services is at your own risk. Neither RadYes, nor any of its affiliates, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Website, 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 Website,the Platform and/or the Services, including damages caused by viruses or any incorrectness or incompleteness of the information on the Website, the Platform, the Services or the performance of the Products, even if RadYes has been advised of the possibility of any such damages. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions and limitations may not apply to you.

Although you are able to display, offer or place orders on the business listing through the Platform and/or use our Services, accessed through third party social networking channels, RadYes 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.

Disclaimers

The Content is provided on an “as is” basis without warranty of any kind, whether express or implied. RadYes specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of dealing or usage of trade. RadYes further disclaims any and all liability related to your access or use of the Website, the Platform and/or the Services. You acknowledge and agree that any access to or use of the Website, the Platform and/or the Services is at your own risk.

You acknowledge and agree that the disclaimers and the limitations of liability set forth in this terms of use reflect a reasonable and fair allocation of risk between you and RadYes, and that these limitations are an essential basis to RadYes’ ability to make the Website, the Platform and/or the Services available to you on an economically feasible basis.

Indemnification

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of the Agreements, your misuse of the Content or the Services or third-party services or your provision of false or misleading information on your business listing. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

External Sites

The Website or Platform, are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information, collected through the use of the Services or otherwise stored on the Platform or Website. The manner, mode and extent of advertising by us through the Services or on the Website are subject to change without specific notice to you. In consideration for RadYes granting you access to and use of the Services and access to Website, you agree that we may place such advertising.

We may from time to time provide with access to, or enable third party software, applications, products, services or website links (together, the “External Sites”). The availability of the External Sites on the Platform and/or Website and the integration and enabling of such External Sites with the Services do not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with RadYes and are provided solely as a convenience to you or for promotional purposes. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites.

You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk. Under no circumstances shall we be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any External Sites.

Service Suspension

RadYes 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.

GENERAL TERMS

Entire Agreement. The terms of each and/or all Agreements shall constitute the entire agreement between you and us concerning the Services .

Severability. If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other Terms.

Waiver. If you do not comply with these Terms or with applicable laws and jurisdiction, and we do not take immediate action or are otherwise delayed in taking action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).

Events Outside Our Control. No one shall be liable to the other for any delay or non-performance of its obligations under these Terms arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion. This shall not however excuse you any payment obligations under these Terms.