Terms of Use

Effective Date: 18 October, 2024

Last Modified: 18 October, 2024

PLEASE READ THESE TERMS OF USE AND SERVICE AGREEMENT (HEREINAFTER COLLECTIVELY REFERRED TO AS THE "AGREEMENT" OR "TERMS OF USE" OR "TERMS") CAREFULLY BEFORE ACCESSING OR USING THE SERVICES (AS DEFINED BELOW) PROVIDED BY HARSHDEEP SINGH HURA AND HEURA MEDIA (HEREINAFTER REFERRED TO AS "HEURA MEDIA" OR "WE" OR "US" OR "OUR" OR "COMPANY").

SECTION 1. ACCEPTANCE OF TERMS AND CONDITIONS

1.1. BINDING AGREEMENT.

By accessing, browsing, or otherwise utilizing any services, applications, features, functionalities, content, or any other materials provided by Heura Media through its "Yakk" bulk gifting platform (collectively, the "Services"), whether directly or indirectly, through any means whatsoever, you hereby explicitly acknowledge, represent, warrant, and irrevocably agree that you have read, comprehended, and unconditionally consent to be legally bound by all terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, including, without limitation, our Privacy Policy (accessible at https://getyakk.com/privacy), which is hereby incorporated by reference in its entirety (collectively, the "Agreement"). In the event that you do not acquiesce to any or all of the terms contained herein, you are hereby expressly prohibited from accessing, utilizing, or otherwise engaging with the Services in any manner whatsoever.

1.2. MATERIAL TERMS NOTIFICATION.

YOUR ATTENTION IS SPECIFICALLY AND EXPRESSLY DRAWN TO THE SECTIONS HEREINAFTER TITLED "BINDING ARBITRATION" AND "CLASS ACTION WAIVER" WHICH CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THESE SECTIONS MATERIALLY AFFECT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, YOUR RIGHT TO FILE AND/OR PARTICIPATE IN A CLASS ACTION LAWSUIT. YOU ARE HEREBY ADVISED TO REVIEW THESE SECTIONS WITH HEIGHTENED SCRUTINY AND CAREFUL CONSIDERATION.

SECTION 2. AUTHORITY AND CORPORATE REPRESENTATION

2.1. AUTHORITY TO BIND.

By accepting this Agreement, you hereby represent, warrant, and covenant that:

(a) you possess the legal authority, capacity, and right to enter into this Agreement on behalf of the business entity, corporation, partnership, limited liability company, or other legal organization (hereinafter referred to as the "Entity") that you purport to represent;

(b) you are duly authorized by such Entity to execute, deliver, and perform the obligations contained herein;

(d) any and all references to "you" or "your" throughout this Agreement shall be deemed to refer to such Entity, including all employees, agents, representatives, successors, and assigns thereof.

SECTION 3. MODIFICATION AND TERMINATION RIGHTS

3.1. RESERVATION OF RIGHTS.

Heura Media hereby expressly reserves the absolute and unilateral right, at its sole and exclusive discretion, without any obligation or liability whatsoever, to:

(a) modify, amend, supplement, alter, update, or otherwise change any aspect of the Services;

(b) discontinue, suspend, or terminate, temporarily or permanently, in whole or in part, any or all aspects of the Services;

(d) modify these Terms of Use at any time without prior notice; and

(e) take any other action with respect to the Services that Heura Media deems necessary or appropriate.

SECTION 4. DESCRIPTION OF SERVICES

4.1. NATURE OF SERVICES.

The Services, as provided by Heura Media through its proprietary platform, shall be understood to encompass and facilitate the following functionalities, capabilities, and operations (collectively referred to as the "Service Features"):

4.2. GIFT SELECTION AND PROCUREMENT.

The Services enable a natural or juridical person (hereinafter referred to as the "Gift Sender") to select and effectuate the purchase of one or more items designated as gifts (hereinafter referred to as the "Gift Products") for the benefit of one or more intended recipients (hereinafter referred to as the "Gift Recipients") through various commercial enterprises (hereinafter referred to as "Merchants") that have entered into contractual arrangements with Heura Media for the provision of such Gift Products.

4.3. PRODUCT CONVERSION.

Upon the acceptance of Gift Products by the designated Gift Recipient, such Gift Products, when transmitted in digital format, shall immediately and automatically be deemed to constitute a completed gift transaction.

4.4. DISCLAIMER OF INFORMATION ACCURACY.

Heura Media hereby expressly disclaims any and all responsibility, liability, or obligation whatsoever in connection with:

(a) The accuracy, completeness, or correctness of any contact information provided by Gift Senders or Gift Recipients;

(b) Any other information, data, or content provided by Gift Senders or Gift Recipients through the Services; or

(c) Any consequences, damages, or losses arising from or related to inaccurate, incomplete, or incorrect information provided by Gift Senders or Gift Recipients.

SECTION 5. MERCHANT RESPONSIBILITIES AND OBLIGATIONS

5.1. SCOPE OF MERCHANT OBLIGATIONS.

Merchants utilizing the Services shall bear sole and exclusive responsibility for:

(a) The availability, quality, condition, and conformity of all Gift Products made accessible through their respective merchant stores or platforms;

(b) The collection, processing, and remittance of all payments, including any applicable taxes, fees, or other charges;

(d) The fulfillment, shipping, and delivery of all Gift Products;

(e) Addressing and resolving any and all inquiries, concerns, or disputes relating to Gift Products, including but not limited to:

(i) Payment processing and related issues;

(ii) Shipping status and delivery matters;

(iii) Return and exchange procedures;

(iv) Product defects or non-conformities;

(v) Customer service inquiries; and

(vi) Any other matters relating to Gift Products or merchant services.

5.2. LIMITATION OF HEURA MEDIA'S INVOLVEMENT.

All inquiries, communications, or disputes regarding the matters enumerated in Section 5.1 shall be directed to and resolved exclusively by the applicable Merchant, and Heura Media shall have no obligation or responsibility whatsoever in connection therewith.

SECTION 6. PRIVACY AND DATA PROTECTION

6.1. APPLICABILITY OF PRIVACY POLICY.

The utilization of the Services may necessitate the transmission, processing, or storage of certain personal information, which shall be governed by and subject to the terms and conditions set forth in our Privacy Policy (accessible at https://getyakk.com/privacy).

6.2. INCORPORATION BY REFERENCE.

The Privacy Policy is hereby incorporated into this Agreement by reference in its entirety, and shall be deemed to constitute an integral part hereof.

SECTION 7. INTELLECTUAL PROPERTY RIGHTS

7.1. OWNERSHIP AND PROTECTION OF CONTENT.

The Services contain various materials, including but not limited to software, text, graphics, images, videos, audio recordings, and other content (collectively, the "Content") that is provided by or on behalf of Heura Media or its licensors. All such Content is protected under applicable intellectual property laws, including but not limited to:

(a) The Copyright Act, 1957 of India;

(b) The Trade Marks Act, 1999 of India;

(d) Applicable international treaties and conventions; and

(e) Other applicable intellectual property laws and regulations.

7.2. RESTRICTIONS ON USE.

Any unauthorized use, reproduction, modification, distribution, transmission, display, or performance of the Content may constitute a violation of applicable intellectual property laws, trademark laws, and other laws and regulations. You are expressly prohibited from:

(a) Reproducing, copying, or distributing any Content without prior written authorization from Heura Media;

(b) Modifying, adapting, or creating derivative works based on the Content;

(d) Removing, altering, or obscuring any copyright, trademark, or other proprietary notices contained in the Content;

(e) Reverse engineering, decompiling, or disassembling any software contained in the Content; or

(f) Taking any action that may infringe upon the intellectual property rights of Heura Media or its licensors.

7.3. TRADEMARK RIGHTS.

All trademarks, service marks, logos, trade names, and other distinctive brand features displayed on or through the Services (collectively, the "Marks") are registered and unregistered trademarks or service marks of:

(a) Harshdeep Singh Hura;

(b) Heura Media; or

7.4. CONSEQUENCES OF VIOLATION.

Any violation of the intellectual property provisions contained herein shall result in:

(a) Immediate termination of your right to access or use the Services;

(b) An obligation to destroy all copies of Content in your possession or control; and

SECTION 8. FEEDBACK AND SUGGESTIONS

8.1. ASSIGNMENT OF RIGHTS.

In the event that you provide any suggestions, ideas, feedback, or recommendations regarding the Services (collectively, "Feedback"), you hereby irrevocably:

(a) Assign to Heura Media all right, title, and interest in and to such Feedback;

(b) Waive any and all claims to moral rights in such Feedback; and

(c) Acknowledge and agree that Heura Media may use, implement, or incorporate such Feedback in any manner whatsoever, without:

(i) Any restriction or limitation;

(ii) Payment of any royalty or compensation; or

(iii) Attribution or acknowledgment to you or any third party.

SECTION 9. AGE RESTRICTIONS AND REQUIREMENTS

9.1. MINIMUM AGE REQUIREMENT.

The Services are intended solely for use by individuals who are:

(a) Eighteen (18) years of age or older; or

(b) The age of majority in their respective jurisdiction of residence, whichever is greater.

9.2. PARENTAL CONSENT.

In jurisdictions where the age of majority exceeds eighteen (18) years, you hereby represent and warrant that:

(a) You have obtained the consent and approval of a parent or legal guardian to use the Services; and

(b) Such parent or legal guardian has reviewed, understood, and agreed to the terms and conditions contained in this Agreement.

SECTION 10. DISCLAIMERS AND LIMITATIONS OF LIABILITY

10.1. DISCLAIMER OF WARRANTIES. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:

(a) WARRANTIES OF MERCHANTABILITY;

(b) FITNESS FOR A PARTICULAR PURPOSE;

(d) TITLE;

(e) ACCURACY;

(f) COMPLETENESS;

(g) RELIABILITY;

(h) SECURITY; OR

(i) FREEDOM FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

10.2. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(a) IN NO EVENT SHALL HEURA MEDIA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES;

(b) THE AGGREGATE LIABILITY OF HEURA MEDIA AND ITS AFFILIATES FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED FIFTEEN THOUSAND INDIAN RUPEES (INR 15,000) OR ITS EQUIVALENT IN OTHER CURRENCIES.

SECTION 11. EXTERNAL SITES AND RESOURCES

11.1. THIRD-PARTY LINKS.

The Services may contain links or references to external websites, resources, or content that are not owned, operated, or controlled by Heura Media. You hereby acknowledge and agree that:

(a) Heura Media has no control over such external sites or resources;

(b) Heura Media makes no representations or warranties regarding such external sites or resources;

(c) Heura Media shall not be responsible or liable for any content, products, services, or other materials available through such external sites or resources.

SECTION 12. INDEMNIFICATION

12.1. SCOPE OF INDEMNIFICATION.

You hereby agree to indemnify, defend, and hold harmless Heura Media, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

(a) Your use of the Services;

(b) Your violation of this Agreement;

(d) Your violation of any applicable laws, rules, or regulations;

(e) Any content or information submitted, posted, or transmitted through your account; or

(f) Any other activities in connection with your use of the Services.

SECTION 13. COMPLIANCE WITH LAWS

13.1. TERRITORIAL SCOPE.

The Services are based in and operated from India. Heura Media makes no representations or warranties regarding whether the Services or any Content may be appropriately accessed, downloaded, viewed, or used outside of India.

13.2. ASSUMPTION OF RISK.

Any access to or use of the Services from locations outside of India shall be undertaken solely at your own risk and initiative, and you hereby agree to comply with all applicable local, state, national, and international laws, statutes, ordinances, regulations, contracts, and applicable licenses regarding such use.

SECTION 14. TERMINATION

14.1. TERMINATION RIGHTS. Heura Media reserves the right, at its sole and absolute discretion, to:

(a) Terminate your access to or use of the Services;

(b) Delete or deactivate your account;

(d) Take any other action deemed appropriate by Heura Media;

at any time, with or without notice, and for any reason or no reason whatsoever.

SECTION 15. BINDING ARBITRATION

15.1. DISPUTE RESOLUTION.

Any dispute, controversy, or claim arising out of, relating to, or in connection with this Agreement, including, without limitation, any question regarding its existence, validity, interpretation, breach, or termination, shall be finally and exclusively resolved by binding arbitration administered in accordance with the provisions of the Arbitration and Conciliation Act, 1996 of India (hereinafter referred to as the "Act"), together with any statutory modifications or re-enactments thereof.

15.2. ARBITRATION PROCEDURES.

The arbitration proceedings shall be conducted:

(a) by a sole arbitrator appointed by mutual agreement of the parties, or, failing such agreement within thirty (30) days of the initiation of arbitration proceedings, in accordance with the Act;

(b) in the English language;

(d) in accordance with the Arbitration Rules of the Indian Council of Arbitration, as then in effect; and

(e) on the basis of documents and written submissions, unless otherwise directed by the arbitrator.

15.3. COSTS AND EXPENSES.

The costs and expenses of arbitration, including, without limitation, the arbitrator's fees and expenses, shall be borne equally by the parties, unless otherwise determined by the arbitrator.

SECTION 16. CLASS ACTION WAIVER

16.1. INDIVIDUAL CAPACITY ONLY.

YOU HEREBY AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN US AND YOU INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY LAW:

(a) NO ARBITRATION OR PROCEEDING SHALL BE JOINED WITH ANY OTHER;

(b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR RESOLVED ON A CLASS ACTION-BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND

(c) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.

16.2. ACKNOWLEDGMENT.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY BRING CLAIMS AGAINST HEURA MEDIA ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

SECTION 17. EQUITABLE RELIEF

17.1. IRREPARABLE HARM.

You hereby acknowledge and agree that any breach or threatened violation of Heura Media's intellectual property rights, confidential information, or other proprietary rights would cause immediate and irreparable harm to Heura Media, for which monetary damages would be inadequate compensation.

17.2. INJUNCTIVE RELIEF.

Accordingly, in the event of such breach or threatened violation, Heura Media shall be entitled to seek and obtain immediate injunctive relief to enforce this Agreement, without:

(a) The necessity of posting a bond or other security;

(b) The need to prove actual damages; or

17.3. PRESERVATION OF RIGHTS.

Nothing in this Section shall limit Heura Media's right to pursue any other remedies available at law or in equity for such breach or threatened violation.

SECTION 18. MISCELLANEOUS PROVISIONS

18.1. SURVIVAL.

Notwithstanding any termination, cancellation, or expiration of this Agreement, whether by operation of law or otherwise, any provisions hereof which by their nature or express terms should survive, including, without limitation, Sections 7 (Intellectual Property Rights), 10 (Disclaimers and Limitations of Liability), 12 (Indemnification), 15 (Binding Arbitration), 16 (Class Action Waiver), and this Section 18 (Miscellaneous Provisions), shall survive such termination, cancellation, or expiration and continue to bind the parties hereto and their successors and assigns in perpetuity.

18.2. GOVERNING LAW AND JURISDICTION.

This Agreement shall be governed by, construed, and enforced in accordance with the substantive and procedural laws of the State of Odisha, India, without regard to its conflicts of law provisions or principles that would cause the application of the laws of any other jurisdiction. For purposes of any claim or cause of action permitted under this Agreement, you hereby irrevocably consent to the exclusive jurisdiction of the courts situated in Odisha, India.

18.3. RELATIONSHIP OF PARTIES.

Nothing contained in this Agreement shall be construed or interpreted as creating or establishing any partnership, joint venture, agency, legal representation, employment relationship, or any other similar relationship between the parties hereto. Neither party shall have, nor shall either party represent itself as having, any authority to make any statements, representations, warranties, or commitments of any kind, or to take any action whatsoever, that shall be binding on the other party, except as explicitly provided for herein or authorized in writing by the party to be bound.

18.4. WAIVER AND SEVERABILITY.

No waiver of any term or condition of this Agreement shall be valid or binding unless made in writing and signed by the party against whom such waiver is sought to be enforced. The failure of either party at any time to enforce any right or remedy available to it under this Agreement or otherwise shall not be construed as a waiver of such right or remedy with respect to any other breach or failure by the other party. In the event that any provision of this Agreement is determined to be illegal, invalid, or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable, and the legality, validity, and enforceability of the remaining provisions shall not be affected thereby.

18.5. ENTIRE AGREEMENT.

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, agreements, and understandings, whether written or oral, between the parties with respect to such subject matter.

18.6. SECTION HEADINGS.

The section headings in this Agreement are for convenience of reference only and shall not affect the interpretation or construction of this Agreement.

18.7. SUCCESSORS AND ASSIGNS.

This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors, assigns, licensees, and sublicensees.

IN WITNESS WHEREOF, by accessing or using the Services, you hereby acknowledge and agree to be bound by all of the terms and conditions set forth in this Agreement, effective as of the date of your first use of the Services.