Yellow Plate Partners App Terms & Conditions
SCOPE
This Yellow Plate Partners Application is a mobile and/or web application (“App”, “Partners App”) provided by Yellow Plate Platforms Private Limited (“Company”, “Yellow Plate”, “we” or “us” or “our”). These terms and conditions (“User Terms”) apply to your (“you”, “your” or “User” or “Partner”) visit to and use, of the Application whether through a computer or a mobile phone.
Yellow Plate Partners App is a digital platform, helping Users in the business of providing Car Rental Services digitize and increase their business and income.
It is extremely important that you read these Users Terms carefully before downloading or using Yellow Plate Partners App. If you do not accept one or any of the User Terms, then please do not use the App or avail any of the services being provided therein.
This T&C is an electronic record in terms of the Information Technology Act, 2000 (as amended /
By subscribing to or using the website and application or any of our services through the Website and Application, you agree that you have read, understood and are bound by the Terms, Policies, directions of Yellow Plate regardless of how you subscribe to or use the Website and Application. This Agreement comes into effect upon your "Acceptance" of these terms and conditions ("Terms") however the Company at its sole discretion reserves its right not to accept a User from registering on the Website and application without assigning any reason thereof.
DEFINITION
"Agreement" means the terms and conditions as detailed herein including all schedules, appendices, annexures, Privacy Policy, Disclaimer and will include the references to this Agreement as amended, novated, supplemented, varied or replaced from time to time.
“Area Partner” or “Yellow Plate Area Partner” means Supply Partner given charge of an area to ensure fulfillment of Marketplace bookings and/or act as a center point for other Supply Partners to resolve their queries/grievances.
"You"/ "User" shall mean the end User accessing the Website and/or Yellow Plate Partners Application, its contents and using the services offered through the Website and Application.
“Account” shall mean the account created by the User on the Yellow Plate Partners App for accessing and availing services offered by the Application.
“Commercial Vehicles” shall mean vehicles including Cars, Buses, Tempos, and Trucks etc. used for commercial purpose and having Yellow Number Plate.
“Car/Cab/Taxi Rental Business” means entities in the business of providing Car/Cab/Taxi Rental services to their customers.
“Car/Cab/Taxi” or “Car/Cab/Taxi Rental” or “Car Rental Services” means commercial vehicles used to providing passenger transport services on rent to customers having all necessary licenses and approvals from transport authorities.
‘Supply Partner’ shall mean any entity in form of individual or proprietor or company engaged in the business of providing rental services via owned vehicles and/or Network Supply Partners vehicles. A Supply Partner may provide rental services using Yellow Plate Partners App to 1) its existing customer base and/or, 2) new customers approaching the Supply Partners for rental services via Yellow Plate and/or, 3) bookings sent to Yellow Plate Marketplace by Supply Partners and/or retail Customers etc.
“Network Supply Partner” shall mean any Supply Partner involving other Supply Partners in its network. A Supply Partner may have multiple Supply Partners in its network. A Supply Partner can give excess bookings to its Network Supply Partners in lieu of earning Commission Income or otherwise and/or alternatively receive bookings from its Network Supply Partners for its owned vehicles.
“Network Vehicles” shall mean vehicles owned by Supply Partner’s Network Supply Partners.
“Driver” shall mean any individual driving a commercial vehicle for any Supply Partner.
“Demand Stakeholders” means retail customers or
“Business Partner” shall mean any entity seeking vehicle rental services from Supply Partners. A Business Partner may engage its existing Supply Partners via Yellow Plate to receive rental services digitally or look for new supply Partners via Yellow Plate Vendors Marketplace or send excess bookings to Marketplace etc.
“Traveller User” means a Business Partner adding a list of Traveller Users on the Partners App to allow them avail Car Rental Services from its Supply Partners. The Traveller User can access and create Business Bookings via Customer App or Yellow Plate Websites. A Supply
or Business Partner Admin User can alternatively create booking on behalf of a Traveller User via the Partners App or Admin Panel.
“Admin User” mean Users/employees of Supply and/or Business Partner allowed to access the entity’s registered profile on Partners App. An Admin User can create, dispatch, cancel bookings or any and/all functions available on the Partners App unless restricted by the Supply Partner.
“Customer” or “Retail Customer” shall mean any User operating via Yellow Plate Customer App. Customer shall include Retail customer creating Personal Bookings and/or Supply or Business Partners Traveler Users creating Business Bookings via Yellow Plate Customer App or Website.
“Yellow Plate Vendor Marketplace” (Vendor Marketplace) shall mean an
“Yellow Plate Retail Marketplace” (Retail Marketplace) shall mean any personal booking created by Customer or Retail Customer via Customer App and received by Supply Partner on Partners App.
“Yellow Plate Digital Vendors Marketplace” shall mean a Supply Partner listing their business on Partners App to be searched by Business Partners via the Partners App.
“Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of Yellow Plate.
“Business Booking” shall mean a Business Partner User creating a booking via Yellow Plate Website and/or App and using its Supply Partners.
“Fare” shall mean such amount in Indian Rupees, which is reflected on the Application, as the fare payable for the specific Ride performed by a Driver.
“Customer App” or “Customer Mobile App” or “Customer Web Portal” means the Technology Platform, 1) accessed directly by the retail customers, or/and 2) provided by the Partner to their customers and 3) provided by customers to their employees to create bookings.
“Platform Fees” means the fees charged by Yellow Plate from Supply and/or Business Partners for using the Technology Platforms. Yellow Plate shall be incurring costs i.e., google maps/navigation API’s and server charges, etc. for every booking created or/and cancelled or/and completed by the Partner or/and their drivers. Yellow Plate charges 1% of the booking value from the Partners doing their own bookings using Yellow Plate Technology Platforms.
“Yellow Plate Commission” shall mean fees payable by the Supply Partner for accessing and performing bookings via Yellow Plate Marketplace via own cars. Yellow Plate charges
“Distributable Commission” means the Commission minus API’s, Server expenses incurred by Yellow Plate towards the booking, to be distributed as Incentives to Partners.
‘Commission’ shall mean fees payable by a Supply Partner to another Supply Partner and/or Business Partner.
‘Incentives’ shall mean fees payable by Yellow Plate to Supply Partners, in case Yellow Plate marketplace bookings are performed by Supply Partners Network vehicles.
1.AUTHORITY AND REPRESENTATION
1.1.THE USER REPRESENTS THAT HE/SHE IS IN THE TOUR/TRAVEL OR/AND CAR/CAB/TAXI RENTAL BUSINESS AND HAS THE NECESSARY APPROVALS/LICENSES TO RUN HIS BUSINESS.
1.2.THE USER HAS ALL REQUISITE POWER AND AUTHORITY TO, ENTER INTO AN AGREEMENT, DELIVER AND PERFORM THE OBLIGATIONS IMPOSED HEREIN.
1.3.ANY YELLOW PLATE TECHNOLOGY PLATFORMS OR DEVICES ACCESSED BY THE PARTNER WILL BE MAINTAINED IN THEIR POSSESSION IN A PROPER MANNER AND WILL NOT BE USED FOR ANY ILLEGAL PURPOSE. PARTNER SHALL ENSURE THAT THE TERMS UNDER THIS AGREEMENT ARE NOT COMPROMISED. PARTNER
UNDERTAKES THAT YELLOW PLATE’S TECHNOLOGY PLATFORMS WILL NOT BE
USED FOR ANY ILLEGAL PURPOSES.
1.4.YOU SPECIFICALLY AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE FOR UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APP.
1.5.THE USER UNDERTAKES THAT YELLOW PLATE’S TECHNOLOGY PLATFORMS
WILL NOT BE USED FOR ANY ILLEGAL PURPOSES.
1.6.THE USER HAS NOT BEEN CONVICTED BY ANY COURT IN INDIA FOR ANY COGNIZABLE OFFENCE OR AN OFFENCE PUNISHABLE WITH IMPRISONMENT FOR MORE THAN 3 (THREE) YEARS, UNDER THE INDIA OR ITS STATE LAWS.
2.GENERAL
2.1.Registration: In order to use the Services through the App, you are required to login and authenticate the account for the first time using (i) a valid mobile phone number; or (ii) an
GSTIN number, your business ownership type, business name, your date of birth, your residential address, email id, your proof of address, Permanent Account
Number (PAN), proof of business, and vehicle and driver details, etc.. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not transfer your account to anyone else without our prior written permission.
2.2.Use Restriction: You must not access the App if you are a person who is either barred or otherwise legally prohibited from receiving or using the Service or any Services under the laws of India. You agree that the advertisement created by you using our App relates to the goods and/or services offered by you. You further agree that the creatives and/or templates used by you for creation of the advertisement on the App corresponds to the description of the goods and/or services offered by you.
2.3.
2.4.Updates: You may need to install updates to the App or related software that we introduce from time to time to use of the App. Services originating from the App may communicate with the servers from time to time to check for available updates to the Services and to the functionality of the App, such as bug fixes, patches, enhanced functions, missing
2.5.Accuracy of Information: You agree that the information entered by you while profile creation/updation or using any of Services is true, current, complete and accurate in all respects. The Company is not responsible for any losses arising out of discrepancy in your data. You are solely responsible for maintaining confidentiality and security of your user account and for all activities that occur on or through your user account. The Company is not responsible for any losses arising out of the unauthorized use of your user account.
2.6.Pricing: You agree that the Services offered by the App will be on a chargeable basis. We may use payment partners to collect the payment and in addition to these T&C you would also be governed by the terms and conditions of such payment service providers. You further agree that the Company shall not be liable for payment related issues and frauds including but not limited to any unauthorized payments made using your credit, debit and/or any payment instrument, decline of your transaction due to any reason. The Company reserves its right to change the price of any Service(s), tariff plans, available through the App at any time without any prior notice to you. All payments made against the purchases of Service(s) on App by you shall be in Indian Rupees only.
3.INTELLECTUAL PROPERTY
3.1.User understands that the word and the image “Yellow Plate” is trademarked by the Company. A User also understands that Yellow Plate’s technology platforms are Company’s Intellectual properties and the Company has exclusive rights over the same. Partner undertakes to not in any way claim any rights over Yellow Plate or Yellow Plate Websites/App. The Company is giving the User a right to use its
Technology Platforms. Nothing in this Agreement will function to transfer any of YP’s Intellectual Property rights to the other party.
3.2.The Company is the sole and exclusive copyright owners of the Services and our content. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You further acknowledge that the Services may contain information which is designated as confidential by the Company and that you shall not disclose such information without the Company’s prior written consent.
4.YELLOW PLATE PARTNER SIGNAGE
Yellow Plate shall make select Users or Supply Partners its Area Partners. The Area Partner shall display Yellow Plate Partner signage outside their office or store as per the design provided by Yellow Plate at their own cost (“Partner Signage”) all the time unless the Area Partner ceases to be Yellow Plate Area Partner. The same shall be communicated to the User via separate communication.
5. BUSINESS LISTING
Yellow Plate in order to generate more retail and corporate leads and bookings for the Supply Partners or/and their Vendors Network shall use Area Partners business address to list on social media and business listing platforms including Google, Google My Business, Just Dial and Facebook, etc.
6.FEES, COMMISSION, AND INCENTIVES
6.1.Subscription fees: Yellow Plate shall charge an annual fees of Rs. 5,000/- (Rupees five thousand only) to the Area Partners. The annual fees shall be waived off for the first two years from the acceptance of this User Terms.
6.2.Platform Fees: Yellow Plate shall charge the Partner 1% (one percent) of the booking value as platform fees for every booking performed for their customers using Yellow Plate technology platforms.
6.3.Commission: Yellow Plate shall charge
6.4.Incentives: Yellow Plate shall give the Partners 20% of its Distributable Commission income from the retail and vendors’ marketplace bookings as
Incentives, if, 1) the booking is performed by the Supply Partner’s Network Partner own cars and, 2) the Network Partner is first invited to Yellow Plate platform by the Supply Partner and the Network Partner has accepted the Partner’s Invitation.
7. PAYMENT SETTLEMENT
Payment settlement between the Supply Partner and Yellow Plate involving, 1) Platform Fees paid to Yellow Plate by the Partner, 2) Incentives paid by Yellow Plate to the Partner, 3) Commission paid by the Partner to Yellow Plate for Marketplace bookings, and 4) any other transactions between the Partner and Yellow Plate should take place by 10th day of every month.
8. BUSINESS ACCOUNTABILITY
The Supply Partner understands and agrees that Yellow Plate is merely providing access to its digital/technology platforms to the Partner to help him/her, 1) digitize and increase business and income, and 2) offer digital services to direct customers, customers/bookings acquired via Yellow Plate. The contract for availing the service is a contract solely between the Partner and their clients. At no time Yellow Plate shall have any obligations or liabilities in respect of such contract. Yellow plate is not accountable for any transactions taking place between the Partner and their vendor/client network.
9.LIABILITY AND INDEMIFICATION
9.1.YELLOW PLATE SHALL NOT BE HELD LIABLE OR RESPONSIBLE IN ANY MANNER WHATSOEVER FOR ANY INSUFFICIENCY OR DEFICIENCY OF THE SERVICE RENDERED TO THE CUSTOMER BY THE PARTNER VIA ITS OWN OR NETWORK PARTNERS CARS OR/AND DRIVERS. YELLOW PLATE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY OF THE SERVICE PROVIDED BY THE PARTNER.
9.2.IN NO EVENT SHALL THE COMPANY AND/OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR OR IN RELATION TO THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE AND SERVICES OBTAINED THROUGH THE APP, OR OTHERWISE ARISING OUT OF THE USE OF, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
9.3.PARTNER UNDERSTANDS AND AGREES THAT YELLOW PLATE’S DIGITAL PLATFORM’S ROLE IS LIMITED TO PROVIDING ACCESS TO ITS ENABLING
TECHNOLOGY PLATFORMS AND INTEGRATED MARKETPLACE SOLELY TO HELP PARTNER, 1) DIGITIZING BUSINESS, 2) GROW THEIR BUSINESS AND INCOME. YELLOW PLATE IS NOT ACCOUNTABLE FOR ANY TRANSACTIONS TAKING PLACE BETWEEN THE PARTNER AND THEIR VENDOR NETWORK OR/AND CLIENTS. YELLOW PLATE IS MERELY AN ENABLING TECHNOLOGY PLATFORM AND AN INTEGRATED MARKETPLACE AND IT VIA ITS TECHNOLOGY PLATFORMS IS ENABLING THE PARTNER TO OFFER TECHNOLOGY ENABLED SERVICES TO THEIR
DIRECT CLIENTS OR/AND CLIENTS ACQUIRED VIA THE MARKETPLACE OR/AND BOOKINGS RECEIVED ON MARKETPLACE FROM PARTNERS OR/AND RETAIL CUSTOMERS. THE CONTRACT FOR AVAILING THE SERVICE SHALL BE A CONTRACT SOLELY BETWEEN THE PARTNER AND THEIR CLIENTS. AT NO TIME YELLOW PLATE SHALL HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF SUCH CONTRACT.
9.4.PARTNER CONFIRMS AND UNDERTAKES THAT YELLOW PLATE DOES NOT IN ANY WAY OWNS OR CONTROL THE CAR(S) USED BY THE PARTNER OR THEIR NETWORK VENDORS DRIVERS RENDERING THE SAID SERVICE TO THE CUSTOMER. YELLOW PLATE SHALL NOT BE HELD LIABLE OR RESPONSIBLE IN ANY MANNER WHATSOEVER FOR ANY INSUFFICIENCY OR DEFICIENCY OF THE
SERVICE RENDERED BY THE PARTNER’S DRIVER TO ITS DIRECT CUSTOMERS
OR/AND MARKETPLACE CUSTOMERS. YELLOW PLATE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY OF THE SERVICE PROVIDED BY THE PARTNER.
9.5.YELLOW PLATE DISCLAIMS AND SHALL DISCLAIM ALL REPRESENTATIONS AND WARRANTIES TO THE PARTNER, OF ANY KIND, WHETHER EXPRESS OR IMPLIED AS TO CONDITION, SUITABILITY, QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSES IN RESPECT TO THE SERVICES PROVIDED THROUGH THE YELLOW
PLATE’S TECHNOLOGY PLATFORMS AND INTEGRATED MARKETPLACE AND
ACCORDINGLY DISCLAIMS ALL LIABILITIES, WHETHER CIVIL, CRIMINAL, TORTIOUS, OR OTHERWISE, THAT MAY ACCRUE AS A CONSEQUENCE OF THE USE AND ACCESS OF YELLOW PLATE’S TECHNOLOGY PLATFORMS OR DEVICES
ACROSS BOTH MOBILE AND WEB PLATFORMS.
9.6.TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, YELLOW PLATE DISCLAIMS AND SHALL DISCLAIM ALL LIABILITIES, WHETHER CIVIL, CRIMINAL, TORTIOUS, OR OTHERWISE, THAT MAY ACCRUE AS A CONSEQUENCE OF THE BREACH BY THE PARTNER (A) OF THEIR AGREEMENT WITH THEIR CLIENTS; (B) OF THE APPLICABLE LAWS INCLUDING THE TERMS OF THE APPLICABLE LICENSES AND PERMITS THAT ARE ISSUED BY THE TRANSPORT AUTHORITIES IN RESPECT OF THE RENDERING TRANSPORT SERVICES; (C) OF THE TERMS OF THIS
PARTNER’S AGREEMENT; OR (D) OF THE DUTY OF CARE THE PARTNER OWES TO
THEIR CLIENTS OR USERS OF THE YELLOW PLATE TECHNOLOGY PLATFORMS.
9.7.PARTNER AGREES AND UNDERTAKE TO INDEMNIFY AND TO HOLD HARMLESS YELLOW PLATE AND OTHER PARTIES DETERMINED BY YELLOW PLATE AS AFFILIATES, SUCCESSORS, AGENTS, ASSIGNS, AND EACH OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, ASSOCIATES, AGENTS, AND REPRESENTATIVES FROM AND AGAINST ANY LOSSES, DAMAGES, LIABILITY, CLAIMS, COSTS, PENALTY AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’
FEES) INCURRED BY REASON OF (I) ANY BREACH OR ALLEGED BREACH BY THE
PARTNER OR SERVICE PROVIDER OF THE PARTNER’S OR SERVICE PROVIDER’S
OBLIGATIONS, RESPONSIBILITIES, REPRESENTATIONS, OR WARRANTIES UNDER THEIR AGREEMENT WITH THE CLIENTS AND/OR THIS PARTNERS AGREEMENT;
(II)BREACH OF ANY SERVICE LEVEL COMMITMENTS MADE BY PARTNERS TO THEIR CLIENTS OR YELLOW PLATE WHILE OFFERING TRANSPORT SERVICES OR;
(II)ANY INFRINGEMENT OR UNAUTHORIZED USE OF INTELLECTUAL PROPERTY RIGHTS OF YELLOW PLATE INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF
INTELLECTUAL PROPERTY RIGHTS OF YELLOW PLATE IN THE CUSTOMERS APP, PARTNERS APP, DRIVERS APP, CUSTOMER PORTAL OR/AND PARTNER’S ADMIN PORTAL (III) ANY BREACH OF THE PARTNER’S OBLIGATIONS UNDER THIS AGREEMENT OR THEIR AGREEMENT WITH THEIR CLIENTS (IV) ANY HARM TO THE REPUTATION AND GOODWILL OF YELLOW PLATE DIRECTLY ATTRIBUTABLE TO THE PARTNER; (V) DAMAGE, UNAUTHORIZED USE OR LOSS OF THE YELLOW PLATE’S ENABLING TECHNOLOGY PLATFORMS AND INTEGRATED MARKETPLACE OR THE DEVICES; (VI) DEATH, FRAUD, THEFT, MISCONDUCT, NEGLIGENCE OR DEFICIENCY OF TRANSPORT SERVICES BY THE PARTNER OR THEIR VENDORS NETWORK; ANY NEGLIGENT ACT OR OMISSION COMMITTED IN THE COURSE OF TRANSPORT SERVICES HEREUNDER, OR ANY MISREPRESENTATION MADE DURING THE COURSE OF TRANSPORT SERVICES HEREUNDER; (VII) PERSONAL INJURY TO OR PROPERTY DAMAGE OF USER OF TECHNOLOGY PLATFORMS INCLUDING BUT NOT LIMITED MOTOR ACCIDENT CLAIMS, IF ANY, ASSERTED AGAINST YELLOW PLATE AND ITS ASSOCIATES BY REASON OF THE USE AND OPERATION OF THE PARTNER’S OR SERVICE PROVIDER’S CARS; (VIII) CIVIL OR CRIMINAL OFFENSE UNDER LAW OR IN THE OPINION OF YELLOW PLATE; (IX) FAILURE OF THE PARTNER OR SERVICE PROVIDER TO MAKE TAX PAYMENTS IN ACCORDANCE WITH APPLICABLE LAWS. PARTNER SHALL BE LIABLE TO INDEMNIFY AND HOLD YELLOW PLATE HARMLESS AGAINST ALL DAMAGES, LOSSES, COSTS AND EXPENSES INCURRED BY YELLOW PLATE AS A CONSEQUENCE OF ANY COMPLAINT FROM ANY USER OF THE TECHNOLOGY PLATFORMS RECEIVED BY THE PARTNER WITH RESPECT TO DEFICIENT TRANSPORT SERVICES.
9.8.NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT, HOWEVER, SUBJECT TO APPLICABLE LAWS, THE TOTAL AGGREGATE LIABILITY OF YELLOW PLATE UNDER THIS PARTNERS AGREEMENT WHETHER IN CONTRACT (INCLUDING IN RESPECT OF THE INDEMNITY), TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION, RESTITUTION OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR CONTEMPLATED PERFORMANCE OF THIS AGREEMENT SHALL UNDER NO CIRCUMSTANCES GO BEYOND INR 1,000/- (RUPEES ONE THOUSAND ).
9.9.PARTIES HEREBY AGREE THAT YELLOW PLATE SHALL NOT BE LIABLE TO ANY PARTY, AFFILIATE, THEIR REPRESENTATIVE OR REFERRED THIRD PARTY FOR ANY 1) DAMAGE BY OR FROM ANY ACT OR NEGLIGENCE DURING THE PERFORMANCE OF WORK UNDER THE PROVISIONS OF THIS AGREEMENT OR/AND ANY 2) INJURY OR DAMAGE TO PERSONS OR PROPERTY RESULTING IN WHOLE OR IN PART FROM THE CRIMINAL ACTIVITIES OF OTHERS.
10.SOFTWARE AND TECHNICAL GLITCHES
10.1.YELLOW PLATE DOES NOT WARRANT TO THE PARTNER THAT THE PARTNER
WILL BE ABLE TO USE THE YELLOW PLATE’S ENABLING TECHNOLOGY
PLATFORMS OR DEVICES AT ALL TIMES OR LOCATIONS OR THAT THE YELLOW PLATE DEVICES AND THE TRANSPORT SERVICES PROVIDED THROUGH THE CUSTOMER APP, PARTNERS APP, DRIVERS APP, CUSTOMER WEB PORTAL
OR/AND PARTNER’S WEB ADMIN PORTAL WILL BE UNINTERRUPTED OR VIRUS- FREE OR
10.2.THE COMPANY AND/OR ITS RESPECTIVE AFFILIATES MAKES NO REPRESENTATIONS ABOUT THE COMPATIBILITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE AND SERVICES CONTAINED ON THE APP FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
10.3.THE COMPANY DOES NOT GUARANTEE COMPATIBILITY WITH ALL OPERATING SYSTEMS, SMART PHONES, NETWORKS, INCLUDING ALL VERSIONS OF THEM. THE USE OF THE SMART PHONE, SITE, AND SOFTWARE, AND AUTOMATIC UPGRADES OF THE SOFTWARE, MAY REQUIRE UPGRADES TO COMPUTER OR SMART PHONE OPERATING SYSTEMS, NETWORKS, AND APPLICATION SOFTWARE.
10.4.ANY REQUIREMENTS FOR THE FUNCTIONING OF THE APP ON YOUR PHONE OR DEVICE, SUCH AS SUFFICIENT BATTERY BACK UP, INTERNET NETWORK STRENGTH ETC. IS YOUR SOLE RESPONSIBILITY.
10.5.WHERE A USER DOWNLOADS THE APP ON A DEVICE AND FROM AN APPLICATION STORE OF ANY SPECIFIC OPERATING SYSTEM, SUCH USER SHALL BE OBLIGATED TO ADHERE TO ALL THE TERMS AND CONDITIONS OF THE USE OF SUCH DEVICE, THE TERMS AND CONDITIONS OF THE RELEVANT APPLICATION STORE MAINTAINED BY SUCH OPERATING SYSTEM, IN ADDITION TO THIS T&C. FOR AVOIDANCE OF ANY DOUBT, THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY LOSSES ARISING OUT OF OR IN CONNECTION WITH THIS T&C FOR ANY FAILURES, ACTS OR OMISSIONS BY THE USER OF THE APP TO COMPLY WITH THE TERMS AND CONDITIONS FOR THE USE OF SUCH DEVICE.
11.TERMINATION/ACCESS RESTRICTION
11.1.THE COMPANY RESERVES THE RIGHT TO BLACKLIST, DISABLE AND TERMINATE THAT USER FROM FURTHER USING THE APP OR ITS SERVICES.
11.2.IF THE COMPANY DISABLES ACCESS TO YOUR ACCOUNT IN ACCORDANCE WITH THE T&C(FOR EXAMPLE IF YOU VIOLATE ANY APPLICABLE TERMS), YOU MAY BE PREVENTED FROM ACCESSING THE APP AND/OR THE DEVICE, YOUR ACCOUNT DETAILS AND/OR ANY FILES AND/OR OTHER SERVICES THAT IS STORED WITH YOUR ACCOUNT.
11.3.THE COMPANY RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO TERMINATE YOUR ACCESS TO ANY OR ALL SERVICES OF THE APP AND THE RELATED SERVICES OR ANY PORTION THEREOF AT ANY TIME, WITHOUT NOTICE.
12.AMENDMENTS
12.1.Amendments in T&C: The Company reserves the right to change the T&C under which the Services are offered, including but not limited to the charges, if any, associated with the use of the Services. These T&C may be further modified based on changes in the business, legal and regulatory requirements and will be updated online. We will make all efforts to communicate any significant changes to this T&C to you. You are encouraged to periodically visit this page to review the T&C and any changes to it.
12.2.Modification of Services: The Company reserves the right to add, modify or delete any content or features available in the Services at any time at its sole discretion.
13.QUERIES AND/OR DISPUTES
In case of any query or disputes, the Partner can write to Yellow Plate on partners@yellow- plate.com.
14.GOVERNING LAW
This Agreement and the rights and obligations of the Parties under this Agreement shall be governed by and construed and enforced in accordance with the laws of Mumbai, India, without giving effect to the principles thereof relating to the conflicts of laws.
Declaration: I, the undersigned have read and agreed to the terms & conditions above mentioned to become Yellow Plate Partner. I undertake that the information furnished by me is true. I understand, if the information is found to be incorrect, Yellow Plate reserves the right to remove access to this Partners app and restrict my ability to use this Application.
Contact Information
Mail ID:
Website: https://yellowplate.in