End User License Agreement

End User License Agreement

Terms of Service

Yodda Elder Care Technologies Private Limited

General Acceptance

You agree that these Terms of Service (“ToS”) are binding on you, the payer of the services (“You”), and your relative(s) (individually and/or collectively, “Your Relative”) for whom You wish to avail Management Services (as defined herein) using the “Yodda” and/or “Yodda Care” computer application (the “said Application”). The said Application comprises the computer software of Yodda Elder Care Technologies Private Limited (the “Company”), a company within the meaning of Section 2(20) of the Companies Act, 2013, bearing Corporate Identity Number U85100PN2021PTC199508, with its Registered Office at Plot #7, Mulberry Gardens 3, Magarpatta City, Hadapsar, Pune – 411028.

By creating an Account with the Company, completing onboarding, or otherwise using the Company's services, You and/or Your Relative shall automatically be bound by this ToS, the Company's Privacy Policy, its Terms and Conditions, and all other terms, conditions and policies governing use of the said Application and the Company's services, in each case as amended from time to time, whether or not separately and expressly acknowledged. It shall be Your and Your Relative's responsibility to review and remain familiar with all such documents. In the event of any doubt, ambiguity or conflict between this ToS and the Privacy Policy, the Terms and Conditions, or any other term, condition, policy or communication of the Company, this ToS shall prevail.

This ToS binds You and Your Relative. Depending on the arrangement, You may be availing Management Services for a parent, child, or other family member (in which case that person is Your Relative), or You may be availing Management Services for Your own benefit (in which case references to Your Relative shall be construed as references to You). No other family member or third party – regardless of their relationship to You or Your Relative, or their role in arranging, referring to, or facilitating the Management Services – shall be a party to, or have any right to enforce or claim under, this ToS, or to hold the Company accountable in any manner.

By agreeing to this ToS, You and/or Your Relative declare and confirm that: (a) You and/or Your Relative are of legal age and eligible to enter into this ToS; (b) You and/or Your Relative have full capacity, power and authority to enter into this ToS and to perform all obligations under it, without requiring any third party’s consent; (c) Your Relative has authorized a local guardian or other person to sign any declarations, undertakings or consent forms that a health care service provider (being a Third Party Service Provider, as defined herein) may require; (d) accepting this ToS, and the transactions contemplated by it, does not violate any law, judicial or administrative order, award, judgment or decree applicable to You or Your Relative, nor conflict with any contractual obligation or regulation binding on You or Your Relative; and (e) this ToS constitutes a valid, legally binding and enforceable obligation.

You and Your Relative understand and agree that the Company does not, through the said Application, supply any goods or services, including digital products, over any digital or electronic network. The said Application is only a medium of communication between You and/or Your Relative and the Company, enabling the Company to render Management Services (as defined herein), which are rendered without use of the said Application.

The Management Services shall be rendered by the Company to You, and the Company assists You in organizing the Management Services through third party vendors/service providers for Your Relative's benefit. By availing Management Services for Your Relative, You confirm that You are authorised to bind Your Relative to this ToS, and Your Relative shall be bound on the same basis as You, as set out above.

Upon agreeing to this ToS, You and/or Your Relative (as applicable) accept this ToS, which becomes a legal contract between the Company and You and/or Your Relative. You further agree that the Company may arrange Third Party Services (as defined in this ToS) as provided herein, and that the Third Party Service Provider(s) (as defined in this ToS) is/are Your agent only, and not the agent or sub-agent of the Company in any capacity or manner.

IF YOU AND/OR YOUR RELATIVE ARE NOT WILLING TO BE BOUND BY THIS TOS, PLEASE DO NOT AGREE TO THIS TOS AND DO NOT INSTALL OR USE THE YODDA CARE SOFTWARE/APPLICATION.

1. Management Services

The Company hereby agrees to render Management Services to You and/or Your Relative, and You hereby agree to avail the Management Services rendered by the Company, on the terms of this ToS. Management Services are not rendered through the said Application; as clarified above, the said Application is only a medium of communication between You and/or Your Relative and the Company.

For the purposes of this ToS, “Management Services” means the assistance rendered by the Company to You, by managing, arranging and organizing certain select services (“Third Party Services”) as may be decided by the Company from time to time, at such locations as the Company may decide from time to time, on a reasonable-effort basis, for Your Relative, through third party vendors (“Third Party Service Provider(s)”). The actual services/assistance required by Your Relative shall not be rendered by the Company, but by a Third Party Service Provider to Your Relative.

For example:

Example 1: If Your Relative requires plumbing repair work to be organized, the Company shall assist You in organizing such services, to be rendered by the Third Party Service Provider directly to Your Relative, and the Company shall not itself undertake any plumbing repair work.

Example 2: If Your Relative requires health care services, the Company shall assist You in organizing and referring Your Relative to a hospital, doctor or clinic (Third Party Service Provider) and in completing patient documentation/admission formalities on behalf of You and/or Your Relative, as required by such hospital, doctor or clinic, and the actual health care services shall be rendered by such Third Party Service Provider directly to Your Relative.

You and/or Your Relative understand and agree that the Company renders Management Services only in such cities and locations as the Company may decide, add or discontinue from time to time, at its sole discretion. If Your Relative is located outside the cities/locations in which the Company then operates, the Company shall be unable to render any services or assistance to You and/or Your Relative.

The Company and/or the Third Party Service Provider(s) shall not render any service that would amount to a criminal act or that is prohibited by law, in the sole opinion of the Company – for example, breaking the lock of a door, or removing any object from the premises of Your Relative without authorization. It shall be Your responsibility to ensure that appropriate access is provided to the Company and/or the Third Party Service Providers to enable the services under this ToS to be rendered.

If, in an exceptional or emergency situation, the Company is required to take possession of any valuable item, including jewellery, precious or semi-precious stones, artificial jewellery or any other item of value (“Valuable Items”), You and/or Your Relative authorize the Company to do so. The Company’s representative shall place such Valuable Items in a one-time sealed envelope, and the process shall be video recorded as proof of deposit. The Company shall hand over such Valuable Items to You and/or Your Relative against appropriate acknowledgement. The Company shall not be responsible for any loss, damage or cost in relation to the Valuable Items, even if such Valuable Items are lost by the Company.

2. Right to Refuse, Suspend or Discontinue Services

Notwithstanding anything contained in this ToS, the Company reserves the right, at its sole discretion, to refuse, deny, restrict, suspend or discontinue Management Services to any prospective or existing User and/or Your Relative, at any time, including before, during or after onboarding, registration or payment of the Management Fee. Without limitation, the Company may exercise this right where it considers a request infeasible, unsafe, outside its then-current operational capacity or service area, in breach of this ToS, or otherwise inappropriate to accept or continue, in each case without being obliged to assign any reason.

Where the Company refuses, denies, or discontinues Management Services before such services have been rendered, any Management Fee paid shall be refunded in accordance with Clause 14 (Refund Policy). The exercise of this right shall not, by itself, entitle You and/or Your Relative to claim any compensation, damages, or continued service from the Company.

3. Third Party Service Provider(s)

As mentioned above, You and/or Your Relative acknowledge that the actual services (Third Party Services) required by Your Relative shall not be rendered by the Company, but by the Third Party Service Provider(s). You and/or Your Relative authorize the Company to accept the terms and conditions of the Third Party Service Provider(s) on Your behalf, so as to enable such Third Party Service Provider(s) to render the required services to Your Relative.

The Third Party Service Provider is the agent of You and/or Your Relative and is not the agent or sub-agent of the Company. The Company's liability, if any, in relation to Third Party Services arranged and/or rendered by a Third Party Service Provider is set out in Clause 24 (Limitation on Liability(ies) of the Company).

For any Third Party Service, the privity of contract shall be between You, Your Relative and the respective Third Party Service Provider(s). The Company is a service provider to You solely for rendering Management Services.

For the purposes of this ToS, Apple Inc., Google LLC, Microsoft Corporation, BlackBerry Limited and their respective affiliates, and any entity commonly referred to as an “Apple”, “Google”, “Microsoft” or “BlackBerry” entity, shall not be considered a Third Party Service Provider for any purpose.

4. License

The Company grants to You and/or Your Relative, and You and/or Your Relative accept, a non-exclusive, non-transferable, non-sublicensable and revocable license to use the said Application on Your/Your Relative’s personal device, for Your/Your Relative’s personal, non-commercial use, subject to this ToS. “Yodda”, “Yodda Care”, the Company’s logo and any other mark of the Company are the brand name, trademark and/or trade name of the Company, and no right, title, interest or license in such marks is granted to You and/or Your Relative under this ToS.

5. Ownership Rights

You and Your Relative acknowledge and agree that all right, title, interest and Intellectual Property Rights in and to the said Application are and shall remain owned by the Company. “Intellectual Property Rights” means all intellectual property rights of the Company in relation to the said Application (whether existing, being developed or proposed to be developed), including patents and patent applications, moral rights, trademarks, trade names, service marks, brand names, internet domain names and sub-domains, inventions, processes, formulae, copyrights, business and product names, logos, slogans, trade secrets, industrial designs, database rights, methodologies, computer programs, source code, application code, execution code, updates, upgrades, technical information and drawings, know-how, business plans, vendor and customer lists, financial information, and all other proprietary rights of a similar nature, whether registered or not, anywhere in the world.

Any changes, suggestions or improvements suggested by You shall be the Intellectual Property Rights of the Company. No right, title, interest or license in the said Application is granted to You and/or Your Relative under this ToS.

6. Confidential Information

For the purpose of rendering the Management Services, the Company may disclose certain Confidential Information to You and Your Relative. You and Your Relative shall not use, share or divulge any Confidential Information other than for the performance of Your obligations, or the exercise of Your rights, under this ToS, and shall be liable for any breach of this confidentiality obligation.

“Confidential Information” means, whether or not marked as “confidential”: (i) the Company’s Intellectual Property Rights; (ii) this ToS; (iii) any dispute arising out of or in connection with this ToS or its resolution, unless the dispute is before a public forum; and (iv) all other information which You and Your Relative knew, or reasonably should have known, to be confidential information of the Company.

7. Your Account and User Information

You and Your Relative are obligated to create an account (“Account”) in the said Application by providing the information required by the Company, including personal details, at the time of account creation and from time to time thereafter. All information provided by You and/or Your Relative to the Company – including name, address, identity details, gender, age, date of birth, contact details, identity documents, insurance details, medical history, allergies, chronic conditions, medical records, emergency contact details and any other information the Company may require – is referred to as “User Information”.

You and Your Relative agree to provide true, correct and complete User Information, and to promptly update any change; until updated, the User Information on record shall be deemed accurate. If untrue, incomplete or incorrect User Information is provided, the Company shall not be responsible for any resulting consequences and may be unable to render the Management Services.

You and/or Your Relative authorize the Company to collect, store, record, preserve, analyze and process information about the device accessing the said Application, its IP address and location, which shall form part of the “User Information”.

You and/or Your Relative permit the Company to use the User Information as required to render the Management Services to You or Your Relative, and confirm that You and Your Relative are the sole owners of the User Information and have full right to provide it, and that the Company’s use of it will not infringe any third party’s rights. The circumstances in which the Company may disclose User Information to a Third Party Service Provider or to its own personnel are set out in Clause 8 (Privacy).

UNLESS THE USER INFORMATION INITIALLY REQUIRED BY THE COMPANY IS PROVIDED, THE COMPANY SHALL BE UNABLE TO COMMENCE RENDERING ANY MANAGEMENT SERVICES.

YOU AND YOUR RELATIVE SHALL NOT PROVIDE, SHARE OR UPLOAD WITH THE COMPANY/THE SAID APPLICATION ANY INFORMATION THAT IS RESTRICTED FROM BEING PROVIDED, SHARED OR UPLOADED UNDER THE LAWS OF THE REPUBLIC OF INDIA.

8. Privacy

The Company’s Privacy Policy, available at https://www.yodda.care/privacy, is incorporated into this ToS and is binding on the Company, You and Your Relative.

The Company does not share Your personal information with any third party during the registration process. Once You become an Account Holder, and given the nature of the services arranged by the Company under this ToS, You and Your Relative agree that the Company may, at its discretion, disclose the User Information, or part thereof, to Third Party Service Providers, prospective Third Party Service Providers, and the Company’s own employees, advisors, consultants and agents, in each case solely as reasonably required to render the Management Services and in accordance with applicable data protection law.

9. Device, Application and Network Access

To enable the Company to render services to You, You and Your Relative must possess and be able to operate a compatible device (“SmartPhone”) on which the said Application is installed, with access to reasonably high-speed internet/network data.

If You and/or Your Relative are unable to access or operate the SmartPhone or the said Application, or if the SmartPhone lacks access to reasonably high-speed internet/network data, the Company shall be unable to render any services, and no refund of the Management Fee shall be payable except as set out in Clause 14 (Refund Policy).

10. Calls, Notifications and Text Messaging

The Company may contact You and/or Your Relative through calls, notifications and text messages as it deems fit, and may record phone call interactions for training and quality purposes, to which You and Your Relative consent. You and/or Your Relative may opt out of receiving such calls, notifications or messages, either wholly or for a limited period; however, if You and/or Your Relative so opt out, the Company shall be unable to render any services, with the same consequences as set out in Clause 9 (Device, Application and Network Access).

11. Eligibility and Verification

You represent and warrant that You are at least eighteen (18) years of age and that the personal information provided to the Company – including Your name, mobile number and geographic details – is accurate and complete. The Company may require You to verify such information through a one-time password or a similar verification mechanism before proceeding with onboarding, and may decline to onboard You if such verification is unsuccessful (see Clause 2 – Right to Refuse, Suspend or Discontinue Services).

12. Management Fee

In consideration of the Management Services to be rendered by the Company to You, You and/or Your Relative shall pay the Company a Management Fee. The Company shall be entitled to recover, over and above the Management Fee, applicable Goods and Services Tax, other applicable taxes, payment gateway charges and bank charges. At the Company’s discretion, You and/or Your Relative may also be liable to pay a re-initiation fee, refund-processing charges, and other charges associated with cancelling and re-starting an account, together with applicable taxes.

The Management Fee depends on the Plan chosen by You; details of the Plans and the Management Fee are available at https://www.yodda.care/archive-plans. For current Standard and Comprehensive Plans and applicable Monthly/Quarterly Trial Plans, where at least one covered elder is aged eighty (80) years or above at enrolment or renewal, a ten percent (10%) household age-based premium applies. If both covered elders are eighty (80) or above, the premium remains ten percent (10%). It does not apply to current Specialised Care Plans. The pricing sequence is the base price, any approved discount, the applicable age-based premium, then GST. The age-based premium applies for the entire billing cycle; other applicable charges, taxes and fees remain payable. The applicable age shall be determined based on the age declared at registration or renewal, and the Company may request reasonable documentation to verify age.

Unless otherwise specified by the Company for a particular Plan, the Management Fee covers Management Services for up to two (2) persons registered as Your Relative(s) under a single Plan (for example, both of Your parents, or two elders within the same household). Management Services for a third or subsequent person shall require a separate Plan or an additional Management Fee, as communicated by the Company.

You shall pay the entire Management Fee in advance; no service or assistance under this ToS shall be rendered until payment is received in full.

The Company may change a Plan, including its pricing, inclusions, number of visits and other associated costs, at its sole discretion. Any benefit or inclusion under a Plan that remains unutilized shall not carry forward on renewal, upgrade or downgrade of the Plan, and a renewed, upgraded or downgraded Plan may differ in its benefits/inclusions from the previously applicable Plan.

13. Account Holder Status and Onboarding

You shall be deemed an “Account Holder” once the Company has received payment of the Management Fee, You have been registered in the Company’s systems and, where applicable, the onboarding process has been completed.

Onboarding may involve the collection of information necessary for service delivery, including medical details, emergency contacts, insurance information and identification documents. You are responsible for ensuring that all such information is accurate and kept up to date; failure to do so may result in suspension or termination of services, at the Company’s discretion.

14. Refund Policy

First-time subscribers to an Annual Plan may, within thirty (30) days from the date of payment of the Management Fee, request cancellation and a pro-rata refund of the Management Fee, provided that the Company shall be entitled to retain an amount equivalent to one (1) month of the Management Fee (calculated on the base Plan value, exclusive of taxes and any age-based premium) towards services made available, and the balance shall be refunded without adjustment of applicable taxes. This refund is available only to first-time subscribers and does not apply to the renewal of an existing Annual Plan.

Except as otherwise provided in Clause 14 (Refund Policy), no refund of the Management Fee shall be available for any Plan with a commitment/subscription period of less than one (1) year (including half-yearly, quarterly or monthly Plans), or for any Annual Plan renewal, irrespective of when cancellation is requested. In each such case, it shall be deemed that the Company has rendered the Management Services to You, and the Company shall not be liable to refund any Management Fee.

All approved refunds shall be processed to the original mode of payment within fifteen (15) business days of approval.

If the Company terminates this ToS, or is unable to render, refuses, or discontinues Management Services for reasons attributable to the Company (including under Clause 2 – Right to Refuse, Suspend or Discontinue Services), the Management Fee shall be refunded to You in Indian Rupees: (i) in full, to the extent Management Services have not been rendered; or (ii) on a pro-rata basis for the remaining unexpired term, to the extent Management Services have been partly rendered.

15. Temporary Suspension of Services

If Your Relative is travelling and You and/or Your Relative wish to temporarily suspend Management Services, You must inform the Company; the suspension period shall commence as communicated by the Company, at its sole discretion, and shall be for a minimum of thirty (30) days and a maximum of one hundred and eighty (180) days. Only one such suspension shall be permitted during a Plan’s tenure. During the suspension period, the Company shall not be liable to render any Management Services, and no refund shall be issued for the suspended period unless expressly agreed by the Company in writing.

16. Payment Methods and Transaction Charges

The Company’s preferred modes of payment for the Management Fee and other charges under this ToS are bank transfer, UPI and cheque, none of which attract any additional charge from the Company.

Where You elect to pay by credit card or any other instrument that attracts a payment gateway or transaction charge (currently 4% for card payments processed through the Company’s payment gateway), such charge shall be borne by You, shall be communicated to You prior to payment, and shall be payable over and above the Management Fee and other applicable charges.

17. Additional Management Services

If You and/or Your Relative require Management Services in addition to those included in the chosen Plan, You may contact the Company through the said Application or otherwise, and the fee for such additional Management Services shall be separate from, and in addition to, the Management Fee applicable to the chosen Plan, together with applicable Goods and Services Tax.

The cost of the SmartPhone, internet and network data, and other costs of availing the Management Services and the Third Party Services, shall be borne solely by You and/or Your Relative, and the Company shall not be responsible for such costs, including any tax or reimbursement claimed by a Third Party Service Provider.

18. Third Party Money Account

Where You intend that the Company should pay, or arrange for payment to, a Third Party Service Provider on behalf of Your Relative, You and/or Your Relative shall deposit a sum of money with the Company, in trust, in an account referred to as the “Third Party Money Account” (also referred to as the expense or emergency account). This account shall be governed by the following rules:

Money shall be deposited by You and/or Your Relative, in accordance with applicable law and as directed by the Company from time to time, into such bank account(s) of the Company as the Company may communicate.

The balance in the Third Party Money Account shall be spent by the Company, as a pure agent on behalf of You and/or Your Relative, solely to arrange payment to Third Party Service Providers for Third Party Services availed (other than complimentary inclusions), at actuals. Such charges are payable immediately and are non-refundable, except to the extent refunded by the relevant Third Party Service Provider.

Payments made, or use of the balance, on Your and/or Your Relative’s behalf shall be separately communicated by the Company from time to time. Invoices and receipts shall be made available through the Company’s application.

If the Third Party Money Account is depleted through use, You and/or Your Relative shall ensure that an additional amount is credited to the Company’s bank account if You wish the Company to continue paying Third Party Service Providers on Your behalf.

If the available balance in the Third Party Money Account is nil or insufficient to arrange a Third Party Service, or as required by a Third Party Service Provider, the Company must receive the replenishment within twenty-four (24) hours of intimation to You. Where the amount required by a Third Party Service Provider exceeds INR 2,000, the Company shall not be liable to render the relevant Management Services unless the Third Party Money Account is credited with the amount communicated by the Company. In the exceptional event that the Company makes a payment to a Third Party Service Provider on Your behalf before such replenishment, You shall reimburse the Company within twenty-four (24) hours; failing which the Company may terminate services with immediate effect and recover the outstanding amount together with interest at twelve percent (12%) per annum from the date of payment until recovery.

Following termination of this ToS and effective cancellation of the Account, You and/or Your Relative may submit a written request for refund of the balance credited to the Third Party Money Account. The Company shall process the refund within fifteen (15) days of receiving such request, provided that no such refund shall be processed before thirty (30) days from the date of cancellation of the Account, to allow reconciliation of any outstanding dues. The refund shall be an amount equivalent to the balance appearing, in Indian Rupees, in the Company’s books in respect of Your Third Party Money Account, less applicable bank charges, and shall be remitted to the same bank account from which the funds were originally received.

The Company does not utilise funds from the Third Party Money Account for the payment of gratuity to any Third Party Service Provider’s personnel. You and/or Your Relative are responsible for ensuring sufficient funds are maintained in the Third Party Money Account at all times; failure to do so may result in immediate suspension or termination of services.

19. Plans, Complimentary Inclusions and Value-Added Services

The Company may modify, replace, restructure or discontinue any complimentary inclusion, or any other inclusion or value-added service, at its sole discretion and without prior notice. Complimentary inclusions are currently subject to the monetary cap available at www.yodda.care/terms. If You choose a premium or self-selected service provider, You shall bear any cost exceeding the applicable cap from Your Third Party Money Account. All complimentary inclusions, including ambulance services, are subject to third-party availability.

Unless expressly specified otherwise for a particular inclusion, all complimentary inclusions, monetary caps, Yodda Visits, and other value-added service allowances under a Plan are provided in aggregate for the Plan as a whole, and are to be shared and utilised between the persons covered under that Plan (up to two, as set out in Clause 12 – Management Fee), and not separately, additionally, or on a per-person basis for each such person. For current Standard and Comprehensive Plans, the Annual Blood Fitness Test entitlement is per enrolled elder. One elder cannot use the other elder's unused blood-test entitlement.

Unused complimentary inclusions, including complimentary Yodda Visits, shall not carry forward on renewal, upgrade or downgrade of a Plan; a fresh set of inclusions applicable to the most recent Plan shall be provided instead. Complimentary inclusions are non-monetary, have no cash value, and are non-transferable, non-refundable and non-redeemable for cash, credit, discount or any other monetary equivalent; no refund, compensation or set-off shall be payable for any unused or partially used inclusion.

Fees for other inclusions and value-added services may apply on select Plans, charged per thirty (30) minutes or per service, whichever is shorter; You should confirm applicability with the Company before availing such services.

Long-term nursing and caretaking services are facilitated by the Company through third-party agencies (available to all Users, irrespective of an active subscription); such caretakers and nurses are not employees of the Company, and all liability rests with the relevant third-party agency. Placements are generally for a minimum of fifteen (15) days. Payments are made through Yodda. Three (3) days are paid upfront, followed by a continuation payment period of fifteen to thirty (15–30) days if the family wishes to continue. The payment arrangement is confirmed before payment. Refunds are issued only in the event of death, a serious change in condition, or the Company’s inability to source a suitable profile within a reasonable time. Users availing these services without an active subscription will not receive emergency or other service-request support. A maximum of three (3) caretaker/nurse replacements shall be provided per engagement, regardless of the reason for replacement; once exhausted, the Company shall have no further obligation to source additional profiles, though it may, at its discretion, issue a proportionate refund of the facilitation fee.

Companionship services, provided by the Company’s volunteers, are available to all Users irrespective of an active subscription, are charged per hour or per interaction (whichever is shorter), and are availed entirely at the User’s own risk; the Company shall not be liable for any loss, damage or injury arising from such interactions.

20. Yodda Visits

Yodda Visits may be used only in accordance with Your active Plan – for example, Users on a Standard Plan may use Yodda Visits solely for accompanying elders and/or medical-related work, unless a convenience add-on has been purchased. Yodda Visits have no monetary value, cannot be exchanged for cash or any other service, inclusion or benefit, and are non-transferable between Users.

Each Yodda Visit includes up to two (2) hours of service time. For accompaniment services, service time commences when the Field Care Representative (“FCR”) arrives at Your Relative’s location; for task-based services performed on Your behalf, it commences when the FCR begins the journey to perform the task. Any Visits You have purchased, whether as part of a paid add-on or separately, do not expire. An active Yodda Plan is required to use the purchased balance; an inactive Plan prevents use but does not expire the balance. Purchased Visits shall not be refunded in cash under any circumstances, including on termination of this ToS.

Users on the Standard Plan, Comprehensive Plan and applicable Specialised Care Plans must utilise at least one (1) complimentary Yodda Visit per calendar month; Users on the discontinued Basic Plan must utilise at least one (1) complimentary Visit every two (2) calendar months. Unmet minimum utilisation shall result in the corresponding complimentary Visit(s) lapsing, except where the Plan commenced or was renewed on or after the fifteenth (15th) day of the month, or where the Plan is under a formal suspension for that month. This requirement does not apply to separately purchased Visits or to customised plans unless expressly agreed in writing. The Company retains sole discretion to determine whether a complimentary Visit lapses in any particular month, based on operational, service or equitable considerations.

In exceptional or urgent circumstances, the Company may, at its discretion, permit a User’s Visit balance to go negative by up to three (3) Visits. The User must clear the negative balance within forty-eight (48) hours, by purchasing Visits or renewing the Plan; failing which the Company may suspend Yodda Visit services and/or the Plan until the balance is regularised.

Yodda Visits are available only to members with an active Yodda Plan. Standalone Yodda Visits are not offered to non-members. Visit requests are subject to geographic serviceability and FCR availability on a first-come, first-served basis. All Visit requests must be placed at least twenty-four (24) hours in advance; the Company is under no obligation to accommodate urgent or same-day requests, though it may do so at its discretion, subject to availability.

Yodda Visits are carried out by the Company’s FCRs and constitute support and assistance services only; they do not constitute medical, legal or professional advice or treatment. To the fullest extent permitted by law, the Company shall not be liable for any loss, injury, damage, medical outcome, delay or adverse event arising from or in connection with a Yodda Visit, regardless of cause, including any act or omission of the FCR, a third party or the User, except where such liability cannot be excluded under applicable law.

22. Office Hours

The Company’s office hours are 9:30 a.m. to 6:30 p.m., Monday to Saturday, excluding officially declared holidays. Services availed outside these hours – between 6:30 p.m. and 9:30 a.m. on any day Monday to Saturday, at any time on Sundays, or on officially declared holidays – shall attract an additional charge of INR 500 per service or per hour, whichever is shorter, plus applicable taxes including GST. This charge must be paid directly to the Company’s designated revenue account and shall not be adjusted against Your Third Party Money Account or any other credit balance maintained with the Company.

23. Referral Cashback Policy

The Company does not operate any points-based Ambassador Program or similar loyalty rewards program; any such program previously referenced by the Company stands discontinued.

The Company may, at its discretion, offer a referral cashback benefit to an existing member who refers a new member to the Company (the “Referrer”). Where the referred individual (the “Referee”) subscribes to a Plan, the Referrer alone – and not the Referee – shall be eligible to receive a cashback benefit; the Referee shall not receive any separate welcome bonus or cashback on account of the referral.

The cashback benefit shall be equivalent to one (1) month of the base Plan value purchased by the Referee, calculated before taxes and any age-based premium, and shall be credited to the Referrer’s Third Party Money Account as a non-withdrawable, non-transferable credit, valid for six (6) months from the date of credit. Such credit may be used only towards payment for services rendered directly by the Company, and cannot be redeemed for cash, transferred to a bank account or another User, or used to reimburse amounts paid directly to a Third Party Service Provider.

The Company may withhold, reverse, cancel or recover any cashback credited if the referral is found to have been obtained through misuse, misrepresentation or fraudulent activity, or if the Referee cancels their subscription or becomes eligible for a refund within the applicable refund period. The Company may modify, suspend or terminate this referral cashback benefit, including its eligibility criteria, value and validity period, at any time and without prior notice; continued participation after any such change constitutes acceptance of the modified terms.

24. Limitation on Liability(ies) of the Company

YOU AND YOUR RELATIVE UNDERSTAND AND AGREE THAT THE COMPANY IS NOT LIABLE TO RENDER ANY THIRD PARTY SERVICES TO YOUR RELATIVE IN ANY CIRCUMSTANCES. THE COMPANY RENDERS MANAGEMENT SERVICES TO YOU, TO MANAGE CERTAIN REASONABLE AND GENUINE NEEDS OF YOUR RELATIVE, AND CHARGES A MANAGEMENT FEE FOR SUCH MANAGEMENT SERVICES ONLY.

THE ENTIRE RISK OF AVAILING ANY THIRD PARTY SERVICE FROM A THIRD PARTY SERVICE PROVIDER SHALL BE THAT OF YOU AND/OR YOUR RELATIVE ALONE. THE COMPANY IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY DEFAULT, DELAY OR DEFECT IN THE THIRD PARTY SERVICES RENDERED, OR TO BE RENDERED, BY A THIRD PARTY SERVICE PROVIDER, INCLUDING AS TO QUALITY, QUANTITY, TIME OR MANNER OF RENDERING THE SAME (INCLUDING ANY AMBULANCE-RELATED SERVICES).

THE COMPANY IS NOT RESPONSIBLE TO PROVIDE ANY HOME-BASED OR LOCATION-BASED SERVICES TO YOU AND/OR YOUR RELATIVE, AND IS UNDER NO OBLIGATION TO VISIT YOU AND/OR YOUR RELATIVE, EXCEPT AS SPECIFICALLY AGREED BETWEEN YOU AND THE COMPANY AND SUBJECT TO THIS TOS.

YOU AND YOUR RELATIVE ACKNOWLEDGE THAT THE COMPANY IS NOT AN EMERGENCY RESPONDER, AND DOES NOT ITSELF DISPATCH AMBULANCES, PROVIDE MEDICAL TREATMENT, OR MAKE EMERGENCY OR CLINICAL DECISIONS. THE COMPANY'S ROLE IS LIMITED TO THAT OF A FACILITATOR, MODERATOR, AND HELPER, COORDINATING AND ASSISTING YOU AND YOUR RELATIVE IN ACCESSING THIRD PARTY SERVICES DURING AN EMERGENCY OR OTHERWISE. THE EFFECTIVENESS OF ANY SUCH EMERGENCY COORDINATION DEPENDS ON THE AVAILABILITY, RESPONSIVENESS, AND COOPERATION OF HOSPITALS, AMBULANCE PROVIDERS, GOVERNMENT AUTHORITIES, POLICE, TELECOMMUNICATIONS NETWORKS, FAMILY MEMBERS, AND OTHER THIRD PARTIES, ALL OF WHOM ARE OUTSIDE THE COMPANY'S CONTROL, AND FOR WHOSE ACTS, OMISSIONS, DELAYS, OR UNAVAILABILITY THE COMPANY SHALL NOT BE LIABLE.

IF MANAGEMENT SERVICES ARE REQUIRED BY YOUR RELATIVE ON AN EMERGENCY BASIS, YOUR RELATIVE SHOULD COMMUNICATE WITH THE COMPANY BY PRESSING THE BUTTON DISPLAYED IN THE SAID APPLICATION FOR A LONGER DURATION UNTIL IT TURNS RED. THE COMPANY SHALL USE REASONABLE EFFORTS TO MANAGE THE REQUIRED SERVICES ON A REASONABLY URGENT BASIS; HOWEVER, AS SUCH SERVICES ARE RENDERED BY THIRD PARTY SERVICE PROVIDERS AND NOT BY THE COMPANY, THERE IS NO ASSURANCE OR GUARANTEE THAT THEY SHALL BE RENDERED IN A TIMELY OR DEFECT-FREE MANNER, OR THAT ANY PARTICULAR OUTCOME SHALL RESULT.

THE COMPANY SHALL RECEIVE AND ACT UPON REQUESTS, COMPLAINTS, AND COMMUNICATIONS FROM YOU AND/OR YOUR RELATIVE ONLY THROUGH THE SAID APPLICATION, A DEVICE OR WEARABLE PURCHASED THROUGH AND PAIRED WITH THE COMPANY (SUCH AS A YODDA-ENABLED SMARTWATCH OR EMERGENCY DEVICE), OR THE COMPANY'S DEDICATED SUPPORT/HELPLINE NUMBERS PUBLISHED BY THE COMPANY FROM TIME TO TIME (TOGETHER, “OFFICIAL CHANNELS”). ANY COMMUNICATION SENT TO AN INDIVIDUAL EMPLOYEE’S OR FCR’S PERSONAL NUMBER, OR THROUGH ANY CHANNEL NOT DESIGNATED AS AN OFFICIAL CHANNEL – INCLUDING WHATSAPP OR OTHER CHAT MESSAGES, SMS TO A PERSONAL OR NON-DESIGNATED NUMBER, SOCIAL MEDIA MESSAGES, OR E-MAIL TO AN ADDRESS NOT PUBLISHED BY THE COMPANY AS AN OFFICIAL CHANNEL – SHALL NOT BE DEEMED RECEIVED BY THE COMPANY. THE COMPANY SHALL HAVE NO OBLIGATION TO ACT UPON, AND NO LIABILITY WHATSOEVER FOR ANY DELAY OR FAILURE TO ACT UPON, ANY COMMUNICATION SENT OTHERWISE THAN THROUGH AN OFFICIAL CHANNEL.

FOR EMERGENCIES SPECIFICALLY, THE COMPANY SHALL RECOGNISE AND RESPOND ONLY TO REQUESTS RAISED THROUGH: (I) THE SOS/EMERGENCY FEATURE WITHIN THE SAID APPLICATION; (II) A YODDA-PAIRED EMERGENCY DEVICE OR SMARTWATCH; OR (III) THE COMPANY'S DEDICATED EMERGENCY COMMAND CENTRE HOTLINE NUMBER PUBLISHED BY THE COMPANY (TOGETHER, THE “EMERGENCY CHANNELS”). NO OTHER MODE OF COMMUNICATION – INCLUDING A CALL TO A NON-EMERGENCY NUMBER, WHATSAPP OR OTHER CHAT MESSAGES, SMS, E-MAIL, OR A SOCIAL MEDIA MESSAGE OR POST – SHALL BE TREATED AS AN EMERGENCY REQUEST OR SHALL TRIGGER ANY OBLIGATION ON THE PART OF THE COMPANY TO RESPOND. THE COMPANY SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DELAY IN, OR FAILURE TO PROVIDE, EMERGENCY ASSISTANCE WHERE THE EMERGENCY WAS NOT COMMUNICATED THROUGH AN EMERGENCY CHANNEL.

THE COMPANY RELIES ON TECHNOLOGY – INCLUDING THE SAID APPLICATION, SMARTPHONES, MOBILE AND INTERNET NETWORKS, SERVERS, AND, WHERE APPLICABLE, THIRD-PARTY OR WEARABLE DEVICES AND SENSORS – TO RECEIVE REQUESTS, ALERTS, AND EMERGENCY SIGNALS THROUGH THE OFFICIAL CHANNELS AND EMERGENCY CHANNELS, AND TO DELIVER MANAGEMENT SERVICES. YOU AND YOUR RELATIVE ACKNOWLEDGE THAT SUCH TECHNOLOGY MAY, FROM TIME TO TIME AND FOR REASONS OUTSIDE THE COMPANY'S CONTROL, FAIL, MALFUNCTION, OR BE DELAYED OR INTERRUPTED, INCLUDING DUE TO NETWORK OR SIGNAL UNAVAILABILITY OR CONGESTION; AN INCOMPATIBLE, OUTDATED, MALFUNCTIONING, OR POWERED-OFF DEVICE, OPERATING SYSTEM, OR SENSOR; POWER OUTAGES; SERVER DOWNTIME; OR OTHER TECHNICAL FAILURE OF ANY KIND. ANY SUCH FAILURE, MALFUNCTION, DELAY, OR INTERRUPTION – INCLUDING A SIGNAL, ALERT, OR REQUEST THAT DOES NOT REACH THE COMPANY FOR ANY SUCH REASON, EVEN WHERE SENT THROUGH AN OFFICIAL CHANNEL OR EMERGENCY CHANNEL – SHALL NOT, BY ITSELF, CONSTITUTE NEGLIGENCE OR A BREACH OF THIS TOS, AND THE COMPANY SHALL NOT BE LIABLE FOR ANY RESULTING LOSS, DAMAGE, DELAY, OR FAILURE TO RESPOND, EXCEPT TO THE EXTENT DIRECTLY CAUSED BY THE COMPANY'S OWN GROSS NEGLIGENCE, FRAUD, OR WILFUL MISCONDUCT.

Services are provided on an “as-is” and “as-available” basis, within the geographical limits applicable to Your registration. The Company makes no representation or warranty, express or implied, regarding the reliability, timeliness, quality, continuity or availability of any service, whether provided directly by the Company or through a Third Party Service Provider; use of the services is at Your sole risk, to the maximum extent permitted by law.

The Company is not a hospital, clinical establishment, medical service provider, ambulance operator, diagnostic centre or healthcare institution, and does not employ doctors, surgeons, nurses, paramedics, therapists or licensed medical practitioners for the purpose of diagnosis, treatment or clinical care. Any services facilitated by the Company are non-clinical support, coordination and assistance services only, and nothing communicated by the Company or its representatives (including FCRs) shall be construed as medical advice, diagnosis, prescription or treatment recommendation. You and Your Relative must at all times seek independent advice from qualified medical professionals for any medical condition, emergency or health-related concern.

AS IS STANDARD IN THE HEALTHCARE INDUSTRY, ALL CLINICAL, MEDICAL, AND EMERGENCY-RESPONSE DECISIONS ARE MADE SOLELY BY THE CONCERNED HOSPITAL, DOCTOR, PARAMEDIC, AMBULANCE PROVIDER, OR OTHER AUTHORISED AND QUALIFIED PROFESSIONAL ATTENDING TO YOUR RELATIVE, AND NOT BY THE COMPANY OR ITS FCRS, EMPLOYEES, OR REPRESENTATIVES. THE COMPANY'S EMPLOYEES AND FCRS ARE NOT DOCTORS, NURSES, PARAMEDICS, OR OTHER LICENSED MEDICAL PROFESSIONALS, AND NOTHING SAID, RECOMMENDED, OR DONE BY THEM SHALL BE CONSTRUED AS CLINICAL ADVICE, A MEDICAL OPINION, OR A TREATMENT DECISION.

Where the Company facilitates access to a Third Party Service Provider, including a hospital, clinic, doctor, nurse, diagnostic centre, ambulance provider or caretaking agency, such services are provided solely by that independent third party; the Company does not control or supervise, and does not assume responsibility for, the medical, professional or clinical decisions made by such third party. The Company does not guarantee medical outcomes, recovery, improvement in condition, prevention of deterioration, or survival, and, to the fullest extent permitted by law, disclaims all liability arising from or in connection with medical treatment, clinical decisions, professional advice, delay in medical intervention, deterioration in health, hospitalisation or death, whether occurring directly or indirectly in connection with the services.

THE COMPANY IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY UNAUTHORISED ACCESS TO THE COMPANY’S SYSTEMS, INCLUDING ANY UNAUTHORISED USE OF OR ACCESS TO USER INFORMATION BY ANY EMPLOYEE, CONSULTANT, ADVISOR OR AGENT OF THE COMPANY.

THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR COMPENSATION, INCLUDING LOSS OF PROFIT, LOSS OF DATA, LOSS OF BUSINESS, OR LOSS/DAMAGE DUE TO PERSONAL INJURY, DEATH OR THEFT, OR ANY VICARIOUS LIABILITY, ARISING FROM OR IN CONNECTION WITH THE SERVICES REFERRED TO IN THIS TOS, WHETHER IN LAW, IN EQUITY, IN CONTRACT, IN TORT OR OTHERWISE.

NOTWITHSTANDING ANYTHING IN THIS TOS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IF THE COMPANY IS HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS TOS OR THE MANAGEMENT SERVICES, THE COMPANY’S AGGREGATE LIABILITY TO YOU AND/OR YOUR RELATIVE, IN CONNECTION WITH ALL CLAIMS TAKEN TOGETHER, SHALL NOT EXCEED THE TOTAL MANAGEMENT FEE PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; PROVIDED THAT THIS LIMIT SHALL NOT APPLY TO, AND SHALL NOT OPERATE TO LIMIT OR EXCLUDE, THE COMPANY’S LIABILITY ARISING FROM ITS OWN GROSS NEGLIGENCE, FRAUD, OR WILFUL MISCONDUCT, OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF APPLICABLE LAW.

BY ACCEPTING THIS TOS, WHETHER EXPRESSLY OR BY IMPLICATION, YOU AND YOUR RELATIVE AGREE THAT, SAVE AS SET OUT ABOVE, THE AGGREGATE LIABILITY CAP IN THE PRECEDING PARAGRAPH SHALL BE THE SOLE AND EXCLUSIVE MEASURE OF THE COMPANY’S MONETARY LIABILITY HOWSOEVER ARISING FROM THE RENDERING OF MANAGEMENT SERVICES TO YOU, FOR THE BENEFIT OF YOUR RELATIVE, ON BEHALF OF AND AS AGENT OF YOU, AND NEITHER YOU NOR YOUR RELATIVE SHALL RAISE ANY CLAIM AGAINST THE COMPANY IN EXCESS OF SUCH CAP, OTHER THAN IN RESPECT OF THE COMPANY’S OWN GROSS NEGLIGENCE, FRAUD, OR WILFUL MISCONDUCT AS SET OUT ABOVE.

THE LIMITATIONS IN THIS CLAUSE APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE OR OTHERWISE, AND SHALL APPLY EVEN IF ANY LIMITED OR ALTERNATIVE REMEDY AVAILABLE TO YOU OR YOUR RELATIVE FAILS OF ITS ESSENTIAL PURPOSE. NO COMMUNICATION, COURSE OF DEALING, OR CONDUCT OF THE COMPANY SHALL BE CONSTRUED TO EXPAND THE COMPANY’S LIABILITY BEYOND WHAT IS EXPRESSLY STATED IN THIS CLAUSE.

25. Collation, Storage and Processing of Data

You and/or Your Relative agree and specifically consent that the Company shall collect, store, record, preserve, analyze and process data and information arising from communications, calls, messaging, interactions and use of the said Application or any other device by You and/or Your Relative, and that such data/information shall be owned by the Company. The Company shall have exclusive rights to process, store and use such data/information as it may require, at its sole discretion, including for machine learning, data science and artificial intelligence purposes.

26. Content and Events

The Company may organize events which You and/or Your Relative are not obliged to attend; if You and/or Your Relative choose to attend, You shall do so at Your own cost and risk, without any liability to the Company.

The Company may provide certain content, information or videos to You and/or Your Relative, through the said Application or otherwise, for recreational purposes only; such content does not form part of the Management Services. If any such content involves an activity to be undertaken by You and/or Your Relative, that activity should be undertaken only under the supervision of a doctor.

27. Non-Transferable/Assignable and Restrictions

You and/or Your Relative shall not transfer, assign, sub-license, pledge, lease, permit the use of, rent or gift any right or benefit arising under, or obligation arising from, this ToS.

You and/or Your Relative shall not copy, modify, distribute, disassemble, mirror, frame or reverse engineer the said Application for any commercial or non-commercial use. Any such attempt shall cause irreparable harm and injury to the Company, and You and/or Your Relative shall be solely responsible to compensate the Company, without limit, for all resulting costs, damages, loss of profit, loss of goodwill, loss of opportunity and loss of business; the Company may, as advised, initiate appropriate civil and/or criminal action against You and/or Your Relative.

You and/or Your Relative shall not reverse engineer any Yodda mobile application, web application or server request, in any form, using any reverse-engineering tools (including but not limited to APKTool, APKInspector, Objection, Bytecode Viewer, AndroBugs Framework, Simplify, iProxy, Tunnel, iFunbox, otool, Clutch, Dumpdecrypted, class-dump, Frida, bfinject, Hopper, Radare2, iRET, Cycript, iNalyzer, Passionfruit, Introspy-iOS, Keychain-Dumper or Burp Suite) or any other tool, with or without malicious intent. You and/or Your Relative shall not disassemble, analyse, reverse engineer, copy, recreate or extract files or source code for use elsewhere, and shall not directly or indirectly aid or assist in the reverse engineering of all or any part of the Yodda platform. Reverse engineering includes, without limitation, decompiling, disassembly, sniffing, scraping or otherwise deriving source code using any technique not listed above.

28. Indemnity

You and/or Your Relative (“Indemnifying Party”) agree to indemnify, defend and hold harmless the Company, its directors, officers, employees and advisors (“Indemnified Party”) from and against all cost, loss, damage, claim and reasonable expense (including attorneys’ fees and disbursements) incurred or suffered by the Indemnified Party arising out of or in connection with any breach of this ToS by the Indemnifying Party, including any breach of its representations, warranties, covenants or undertakings.

29. Force Majeure

If the Company is prevented from performing this ToS by an event of force majeure – such as earthquake, typhoon, flood, excess rain, traffic disruption, restriction on movement, fire, epidemic, pandemic, labour unrest, riot, public or civil disturbance, non-availability of a Third Party Service Provider, failure of communication, non-communication by You and/or Your Relative, war, or other unforeseen event that is unpreventable and unavoidable – the Company shall notify You and/or Your Relative without delay, and in a reasonable manner, of the relevant circumstances and the reason for its inability to perform. On receipt of such notice, the Company shall be excused from timely performance for so long as the force majeure event continues, and shall perform its outstanding obligations within a reasonable time after the event ceases.

30. Applicable Laws

The formation, validity, interpretation and settlement of disputes arising from this ToS shall be governed by the laws of India. Subject to Clause 29 (Force Majeure), the courts at Pune shall have exclusive jurisdiction.

31. Dispute Resolution

Any dispute or difference arising out of or in connection with this ToS, including as to their existence, interpretation, extent, legality, or any breach of any transaction or dealing between You and/or Your Relative and the Company, shall first be addressed through friendly consultation between You and the Company, to be held physically at the Company’s registered office in Pune between You and the Company’s representatives.

Such friendly consultation is a condition precedent to either party appointing an arbitrator or initiating any proceeding to refer the dispute to arbitration.

If the dispute is not settled within ninety (90) days of arising, it shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, and the rules framed thereunder as amended from time to time (“Rules”, deemed incorporated by reference), by a panel of three (3) arbitrators. You shall appoint one arbitrator and notify the Company; the Company shall appoint one arbitrator and notify You; the two arbitrators so appointed shall appoint the third arbitrator.

If either You or the Company fails to appoint an arbitrator within eight (8) days of the other party’s appointment, the arbitrator already appointed shall be deemed the sole arbitrator, and both parties shall be bound by the award of such sole arbitrator.

The arbitration shall be completed within six (6) months from the date of reference. The venue and seat of arbitration shall be Pune, India, and any award shall be treated as made at the seat of arbitration. The language of the proceedings shall be English, and the proceedings shall be conducted physically in Pune, India, and not virtually. The parties undertake to promptly abide by and carry out any award, which shall be final and binding.

Notwithstanding the Rules, if either You or the Company fails to comply with any direction or order of the arbitral tribunal, fails to make any required filing within the prescribed timeline, fails to appoint an arbitrator, or fails to deposit the necessary fees and expenses, the arbitral tribunal (to the extent constituted) may proceed with the arbitration notwithstanding such failure, and pass any order it considers necessary, including a summary judgment. The defaulting party shall be precluded from challenging or disputing any order passed as a result of such default.

32. Term/Termination

This ToS, and Your and Your Relative’s right to avail Management Services, shall remain valid and binding for so long as You hold a valid, active Plan with the Company, including any renewal, extension, upgrade or downgrade of such Plan.

You and/or Your Relative may cancel Your Plan and stop availing Management Services at any time, by written notice to the Company. Cancellation does not, by itself, entitle You to any refund of the Management Fee already paid; refunds are governed exclusively by Clause 14 (Refund Policy).

If, in the Company’s opinion, You and/or Your Relative have committed, or are likely to commit, any fraud; have breached this ToS; have directed the Company to deviate from its standard operating procedure; or have directed the Company to render services other than the Management Services, the Company may terminate this ToS and/or exercise its rights under Clause 2 (Right to Refuse, Suspend or Discontinue Services), with immediate effect, on notice to You and/or Your Relative and without any liability to the Company.

The Company may also terminate this ToS for operational or business reasons upon reasonable prior notice to You; any resulting refund of the Management Fee shall be governed by Clause 14 (Refund Policy).

On expiry of Your Plan without renewal, or on termination of this ToS for any reason, You and/or Your Relative shall cease to have access to the said Application and to the Management Services.

Clauses 5 (Ownership Rights), 6 (Confidential Information), 8 (Privacy), 24 (Limitation on Liability(ies) of the Company), 25 (Collation, Storage and Processing of Data), 26 (Content and Events), 27 (Non-Transferable/Assignable and Restrictions), 28 (Indemnity), 29 (Force Majeure), 30 (Applicable Laws) and this Clause 32, being clauses which by their nature are intended to continue, shall survive the expiration or termination of this ToS.

33. Grievance Officer

As required under the laws of the Republic of India, the details of the Company’s Grievance Officer are as under:

Name: Mr. Pankaj Kotecha

Address: Plot #7, Mulberry Gardens 3, Magarpatta City, Hadapsar, Pune – 411028

E-mail: grievanceofficer@yodda.net

Phone: +91-96234-55556

Timings: 9:30 a.m. to 6:30 p.m. (Indian Standard Time)

34. Other Provisions

This ToS embodies the entire understanding between You, Your Relative and the Company on the subject matter hereof, and supersedes all prior oral or written proposals, arrangements, representations, advertisements, marketing materials, brochures or communications between them.

The Company may amend, modify, or change this ToS, the Terms and Conditions, the Privacy Policy, and any other terms, conditions, or policies governing use of the said Application and the Company's services, at any time and at its sole discretion, by posting the amended version on the said Application or the Company's website, or by notifying You through an Official Channel. An amendment shall take effect from the date specified by the Company or, if no date is specified, from the date of posting or notification. Your and/or Your Relative's continued use of the said Application, or continued availing of Management Services, after an amendment takes effect, shall constitute acceptance of the amended terms. If You and/or Your Relative do not wish to accept an amendment, Your sole remedy is to stop using the Company's services and to cancel Your Plan in accordance with Clause 32 (Term/Termination); no refund shall be payable on account of such cancellation except as set out in Clause 14 (Refund Policy).

If any part of this ToS becomes void or invalid under applicable law or government order, the remaining parts shall remain valid, and this ToS shall be fulfilled in accordance with its general principles; the void or invalid provision shall be replaced by a valid provision communicated by the Company in writing within a reasonable time.

No waiver of any provision by You, Your Relative and/or the Company shall be effective unless in writing and signed by the relevant parties; no delay in exercising any right shall be treated as a waiver of that right.

Except as specifically provided herein, each of You, Your Relative and the Company shall bear its own fees, costs and expenses incurred in connection with the preparation, execution and performance of this ToS.

Notices concerning any party’s rights and obligations may be sent by e-mail or by recognized courier. The legal address of each party, as available with the other parties, shall be the posting address of that party, unless otherwise designated in writing to the Company and the other parties.