Terms of Use

Downloading, accessing and using the YOMO (“Mobile App”) is subject to the following terms and conditions (hereinafter ‘Terms’):

 

About Gateway TechnoLabs Private Limited and YOMO:

Gateway TechnoLabs Private Limited, a part of Gateway Group of Companies, is a global information technology services, solutions and product engineering company specialized in transforming its client’s business continuously by deploying the most sought-after technology solutions.

The Mobile App is a versatile and innovative mobile application that seamlessly blends the worlds of professional networking and socializing at the same time, providing a comprehensive platform for users to build meaningful connections and nurture both their personal and professional lives. It not only serves as a platform for sharing valuable knowledge, providing users with valuable insights and information but also acts a catalyst in bridging the gap between formal and informal interactions.

Users can download the Mobile App from Apple Appstore in case of iOS and Google Play store in case of Android. Once downloaded, the user can explicitly launch the Mobile App by tapping on App icon. The access to the Mobile App thereafter shall be through signing in the Mobile App and creating an account via user email id and mobile number followed by answering basic informational questions for creating a profile or through such other pre-existing social media accounts.

The Mobile App usage is subject to Your (users) compliance with the terms and conditions set forth herein and all applicable laws, and only for the purpose outline in these Terms and not for any other purpose whatsoever. This is a legal agreement between (a) You and (b) Gateway TechnoLabs Private Limited (“GTL”) that governs your use of Mobile App.

BY SELECTING “AGREE”, OR BY TAKING ANY STEP TO DOWNLOAD, INSTALL, ACCESS AND/OR USE THE MOBILE APP, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

DISCLAIMER AND LIMITATION OF LIABILITY:

Your access to and use of the Mobile App is at Your own will, responsibility and discretion. You must ensure that your download and use of the Mobile App and its services / content is lawful in accordance with the laws of India and/or of the country of which you are a citizen of and/or reside, and/or happen to be at the time of use. Neither GTL nor any Related Parties (as defined hereinafter) shall be taken to make any representations, express or implied, as to the lawfulness of any individual’s use, or as to any other aspect of the Mobile App. The Mobile App and its services / content is provided on “AS IS” and “AS AVAILABLE” basis without any warranty or representation of any kind.

GTL and any other parties involved in the creation, production or delivery of the Mobile App and/or its services / content, expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, availability, title, merchantability, non-infringement, fitness for a particular purpose, or that the Mobile App and its services / content will meet your requirement, or will be uninterrupted, timely, secure, accurate, complete, virus-free or error-free.

In no event shall GTL and/or any of its affiliates, subsidiaries, employees, officers, directors and agents (“Related Parties”) be liable for any  special, consequential, incidental or indirect losses, damages or costs whatsoever arising out of the access and use of or inability to use, reliance on, the Mobile App and its services / content, even if the GTL is aware of the possibility of such losses, damages and known defects.

GTL and/or its affiliates total liability shall be limited, in accordance with these Terms to compensation for direct damage and to a maximum of INR 1,000/- (Indian Rupees One Thousand), whereby a sequence of events is regarded as one event. These limitations on liability are applicable to all claims of liability, including those arising from warranty, tort, negligence, contract, and statutory law, even if GTL and/or its affiliates were made aware of the potential for such damages, and even if these remedies fail to achieve their essential purpose.

INTELLECTUAL PROPERTY RIGHTS:

GTL is the sole and exclusive owner of the Mobile App. All intellectual property rights in the Mobile App and its services / content, including but not limited to copyright, trademarks, patents, trade secrets and design of the Mobile App and its services / content is owned by GTL and/or its licensors/respective third parties. You agree that You shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Mobile App and its service / content. Any use of the Mobile App and its services / contents, including copying, publishing, distributing, downloading, transmitting, storing, archiving whether in whole or part, other than for permitted use is prohibited without the express consent of GTL.

GTL shall retain all intellectual property rights, including but not limited to copyrights, trademarks, and patents, associated with the Mobile App. GTL grants a non-exclusive license to use and promote the Mobile App for the intended purposes to its users and third parties. GTL acknowledges that intellectual property rights related to images, memes, graphics, visuals (hereinafter referred to as “Content”) remains the property of the respective owners of such images, memes, graphics and visuals. GTL shall not have any liability against any claims arising from the use of such Content by any third party except GTL. GTL shall not use the Content in any manner that is offensive, misleading, or contrary to applicable laws.

Any promotional content created by GTL for the purpose of promoting the Mobile App (hereinafter referred to as “Promotional Content”) by using the Content shall remain the property of GTL. GTL grants third parties a non-exclusive right to use the Promotional Content solely for promoting the Mobile App. Ownership of all intellectual property rights associated with the Promotional Content and the Mobile App remains with GTL. Third parties shall use the content as intended and indemnify GTL against any liabilities arising from the use in any manner whatsoever.

PROHIBITED USE:

Unless expressly permitted under these Terms, You shall not and neither permit or enable others to: (i) copy, modify, publish, download, store, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Mobile App, transmitting, distributing, selling, displaying, communicating, licensing or reproducing any content including text, images, opinions, analysis, statistics, information or photographs, its service / contents or any part thereof; (ii) intentionally interfere with or damage operation of the Mobile App or any users’ enjoyment of the Mobile App, by any means, including but not limited to uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (iii) use any robot, spider, other automatic device/process, or manual process to use, monitor or copy the Mobile App or its contents; (iv) share the authentication details with any other user or circumvent, bypass, delete or remove any form of protection, or usage, functionality or technical restrictions/limitation, or to enable functionality disabled by GTL; (v) access the Mobile App and its services / content from any devices which are not at all times under Your possession or control; (vi) gain unauthorized access to the Mobile App or misuse the Mobile App and its services / content in any manner whatsoever or use the Mobile App for any illegal, unauthorized, fraudulent or otherwise improper purpose or effect; (vii) any attempts to resell or put to commercial use any part of the Mobile App; (viii) any derivative use of the Mobile App or its contents; (ix) any downloading or copying of account information for the benefit of any third party; (x) gather any data or extraction tools or any use of meta tags and (xi) directly or through the use of any software create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the content/information made available through this Mobile App.

Through valid login credentials,  you have access to privileged data available to the users of the Mobile App. GTL grants You permission to only access and make use of the Mobile App only for the purpose as mentioned hereinabove . You are permitted only to set preferences, share, bookmark or download publications, videos and info graphics from the Mobile App for your personal, non-commercial use only. Any copies of the publications, videos and info graphics saved to disk or to any other storage medium may only be used for subsequent viewing purposes or to print extracts for reference purpose only.

THIRD PARTY CONTENTS OR SERVICES:

Through the use of our Mobile App, you may access or receive content or services from third parties. The accuracy or completeness of the materials, services or the reliability of any information or services displayed or distributed through it is not warranted by GTL. GTL does not endorse or recommend such sites, products or services. Such third-party content, products or services are provided ‘AS IS’ and shall be governed by their own terms and conditions. You acknowledge that reliance on any third-party content, product or services made available through the use of the Mobile App, suitability for any contemplated use, manner of use and whether any intellectual property rights are infringed shall be at your own discretion, risk and consequences.

OPEN-SOURCE COMPONENTS:

The Mobile App and its services or content may contain open source components. You hereby agree and acknowledge that any use of the open source components items are provided ‘AS IS’ without any warranty whatsoever from GTL and shall always be governed by and subject to the terms and condition of the relevant open source components’ license agreement.

HOSTING:

The hosting shall take place on Gateway Group’s private server and secured by firewall.

The Mobile App may transmit data via Your wireless carrier or accessible Wi-Fi network. GTL is not responsible or liable for any data charges associated with the use of Mobile App or any of its features. The service may occasionally be restricted, interrupted or discontinued, like for e.g. maintenance.

FORCE MAJEURE:

Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from force majeure or events, circumstances or causes beyond its reasonable control.

PERSONAL DATA AND ITS USE:

Upon access of the Mobile App, You give consent to process your personal data as may be available with GTL and/or its affiliates for lawful purposes. The collection, use and storage of the Your personal data shall be governed by Mobile App’s Privacy Policy which can be accessed from: https://youonlymeetonce.com/privacy-policy

INTERACTIVE FEATURES:

This Mobile App provides features enabling You to give Your input and/or share and/or connect to other users of the Mobile App, including but not limited to by way of views, likes, download, share, polls or other similar features, etc. (“Interactive Features”), GTL has the right, but not any obligation, to monitor Your access and use of the Mobile App, monitor, delete, use any communication, views, opinion, comments, ideas, documents, content etc. expressed/input/uploaded by You on the Mobile App, without any further permissions or approval from You, and covenant that this will not violate your privacy rights. You agree to assist GTL in relation to any investigation and remedy of any claim, allegation, action, suit, proceeding or litigation with respect to alleged unauthorized access and use of the Mobile App and its services / content.

Such Interactive Features are provided on ‘AS IS’ and ‘AS AVAILABLE’ basis and only on select mobile operating system(s) / platform(s) and versions thereof. Further, You represent, warrant and covenant that You will not upload, post, transmit, distribute, or otherwise publish through this Mobile App or any Interactive Features provided hereunder any materials / content which, are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent; violate, plagiarize or infringe the rights of any third party including, without limitation copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; contain a virus or other harmful or potentially harmful component; contain any information advertising of any kind; constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law; constitute or contain false or misleading indications of origin or statements of fact; or restrict or inhibit any other user from using and enjoying the Mobile App and/or its services or content. GTL expressly excludes its liability for any and all loss or damage or injury arising from the use of any Interactive Features by You or any other person in contravention of these Terms, whether the service is moderated or not. You shall indemnify and hold GTL and its Related Parties harmless at all times from and against any third party claims direct or indirect which might have been raised or relates to the content or material uploaded or submitted or shared by You or from Your use of the Mobile App and/its services/content.

USER OBLIGATIONS:

GTL holds the rights to take disciplinary and legal action against such user who misuses the Mobile App beyond the purpose intended by GTL.

You undertake to abide by (i) all relevant GTL policies and practices as well as directions given by GTL, concerning the access and use of the Mobile App and its services/content.

GTL reserves the right to withdraw, amend, suspend or terminate the Mobile App, any and all related services or any part thereof provided on/through the Mobile App without notice.

GTL shall retain the rights to its own know-how, tools, and methods. GTL may also utilize general know-how that it has accumulated, provided that know-how is not confidential. Nothing in these Terms shall prevent GTL from using without restriction, any technical knowledge, ideas, skill, or expertise of a general nature or generally re-usable software components acquired in the execution of these Terms or the activities performed.

By using Mobile App, You agree to receive marketing communications from GTL through communication channels including but not limited to email, in-app notifications, SMS etc. You can unsubscribe or opt out of these communications at any time by following the instructions provided in the settings tab or adjusting your notification preferences in the Mobile App settings. Your usage of the Mobile App is considered consent to receive marketing content. GTL may collaborate with third-party partners to deliver relevant marketing content. Your personal information will not be shared with these partners without your explicit consent.

GTL shall strive to update the Mobile App regularly and may change, alter, modify or delete the content and/or its features or services at any time, including without limitation, for each mobile operating system / platform or version thereof on which the Mobile App is made available, or for different versions of the Mobile App, at its sole discretion and the same shall be binding on you. You understand and agree that services / content / features may differ for each mobile operating system / platform or versions thereof on which the Mobile App is made available or different versions of the Mobile App. GTL may change the Terms of Use from time to time without notice which become effective as soon as they are posted on this page and is not obligated to inform every user of the same.

If You breach the provisions of these Terms or violate any law, rule or regulation of India or any other country, your access and use of the Mobile App is automatically terminated and any subsequent access and use is unauthorized. GTL reserves all the rights to restrict access to and/or immediately remove or block any and all contents uploaded by the user that violates these Terms and conditions or is non-compliant in GTL’s sole discretion and GTL shall have the right to take appropriate measures available to it under the GTL policies and the applicable law.

GTL and all its Related Parties described hereinabove stand indemnified by you from and against all liabilities, costs or consequences arising out of proceedings or matters arising thereto resulting from your access and use of the Mobile App and its services / content. The information or the details of the defaulting user shall be retained for the investigation purposes or under any statutory condition as per the mandate under the provision of law. If You do not wish to use the Mobile App, You at your own discretion may uninstall the Mobile App from the personal mobile device but the personal data shall still remain with GTL database until the statutory duration under the law.

In case of any suggestions, complaints, grievances or access of user’s rights, You may contact GTL through email at legal@thegatewaycorp.com with the complete information mentioning your issue in detail. GTL shall evaluate the issue and respond within reasonable time required to understand the issue.

These Terms of Use shall be governed by and construed in accordance with the laws of India and the Parties agree to submit irrevocably to the exclusive jurisdiction of the courts at Ahmedabad, Gujarat. Those who choose to access this Mobile App from outside India are responsible and liable for compliance with local laws if and to the extent local laws are applicable.

These Terms and additional terms (if any) form a legally binding agreement between you and GTL and are the entire agreement between the user (You) and GTL regarding access and use of the Mobile App and supersede any prior, conflicting or additional understandings or agreements or communications (written or oral). Failure to exercise or delay in exercising any right or remedy under these Terms of Use or law by GTL will not constitute a waiver of rights or remedy nor shall it prevent exercising that right or remedy in whole or in part in future.

If any provision of these Terms or Use or part thereof is held by any court of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain unaffected and shall remain in force

A dual realm of professional and social encounters at your fingertips.