1. Terms of Service
Welcome to Yahoo! India. Yahoo Web Services India Pvt. Ltd. (“Yahoo!”, "we" and "us", as the case may be) provides the Service (as defined below) to you, subject to the following Terms of Service ("TOS"), which may be updated by us in our sole discretion from time to time without notice to you. You agree that your continued use of the Service after such update will constitute your acceptance of and agreement to be bound by the updated TOS. You can review the most current version of the TOS at any time at: http://in.docs.yahoo.com/info/terms/. In addition, when using particular Yahoo! or third party services, you and us (or the relevant third party, where applicable) shall be subject to any posted guidelines or rules applicable to such services which may be posted (whether by us or the relevant third party, if any) from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. In most cases the guides and rules are specific to a particular part of the Service and will assist you in applying the TOS to that part, but to the extent of any inconsistency between the TOS and any guide or rule, the TOS will prevail. We also may offer other services from time to time that are governed by different Terms of Services, in which case the TOS do not apply to such other services if and to the extent expressly excluded by such different Terms of Services.
Please read these terms of service (“TOS”) carefully. We strongly advise you to print a copy of these TOS or to make a copy on the hard disk of your computer. Please note that services covered by these TOS may not be cancelled by you other than as detailed in these TOS once the provision of those services has commenced. If you do not agree with these TOS, you should not proceed any further on this website or with registration. Otherwise you agree to use the services on the conditions set out in these TOS. We may need to vary these TOS from time to time and any such changes will be undertaken in accordance with clause 11.2 below. Please check this site regularly as we will notify you here of any such changes.
1.0 Introduction
1.1 Service Description. We currently provide users with access to a rich collection of on-line and electronic resources, products and services, including various communications tools and applications, online forums, shopping services, personalized content and branded programming through its network of properties (the "Service"). The Service (or parts of it) may be accessed or made available through or via various mediums or devices now known or hereafter developed, including but not limited to the World Wide Web, mobile telephone or communications services (such as SMS (Short Message Service)), and/or other Internet or telecommunications services or protocols (such as WAP (Wireless Application Protocol) (collectively, the "Channels"). You also understand and agree that the Service may include certain communications from Yahoo!, such as service announcements, administrative messages and the Yahoo! Newsletter, and that these communications are considered part of Yahoo! membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Yahoo! Properties or services, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that we assume no responsibility for the timeliness, currency, deletion, mis-delivery or failure to store any user communications or personalization settings.
The Service may also include access to products and services of independent third parties either directly or via links to sites operated by third parties. Where reasonably possible, Yahoo! will indicate the products and services provided by third parties as such. Even though they may be co-branded with Yahoo! and so include Yahoo!'s trademarks, the contracts for products and services provided by third parties are concluded directly between you and the third party. Yahoo! WILL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY SUCH PRODUCTS OR SERVICES.
1.2 Applicable terms and conditions. The Service and any products and services which may be accessed through the Channels are made available to you subject to these TOS. The TOS are in addition to any Yahoo! or third party terms and conditions applicable to products and services, which may be posted from time to time in connection with such products and services ("Specific Terms"). In case of any inconsistency between the TOS and such Specific Terms the latter shall prevail.
2 Conclusion of contract
2.1 Invitations to offer. Unless otherwise expressly indicated, no information presented in the Service or in connection with any products and services shall be deemed as a binding offer by Yahoo!, but an invitation to an offer.
2.2 Contract for the Service. The contract for the Service between you and Yahoo! shall be deemed concluded when Yahoo!, upon your request (order), have provided you with access to the Service (such access may be based on a personal username and password generated for that purpose or on other data that Yahoo! deems sufficient for your identification).
2.3 Contracts for products and services purchased through the Service. In respect of contracts for the products and services of Yahoo! and independent third parties which are made available through the Services, these shall be deemed concluded when Yahoo! or the third party have accepted your order and informed you of such acceptance or has provided you with the product or service pursuant to your order.
2.4 Assignment. You may not assign or otherwise transfer the contract or assign, transfer or sub-license any of your rights here under. Yahoo! shall have the right to assign its rights and obligations under this contract and any receivables based on this contract to a third party of which notice in writing will be given to you provided such assignment is made under terms no less favourable to you than those in this TOS. After a notice concerning the transfer of receivables, payments shall be valid only when made to the new service provider.
3. Access to the Service
3.1 Equipment and Software. In order to use the Service, you must have a mobile communications subscription or otherwise have access to the Service on the network in which Yahoo! makes the Services available ("Subscription"), and pay any service fees associated with such access. In addition, you must provide all equipment and software necessary to make such connection, including a mobile hand set or other access device and ensure that they are in working order and suitable for use in connection with the Service. You are responsible for ensuring that that equipment and software do not disturb or interfere with Yahoo!'s operations. Any equipment or software causing interference shall be immediately disconnected from the Service.
3.2 Registration and Registration Data. Upon your request, Yahoo! may register you as a user and provide you with access to the Service by allocating you a personal username and password. Yahoo! may need to change usernames allocated to certain of its Services and reserves the right to do so (you will be informed if this is necessary). The same procedure may apply to products and services made available through the Service. You alone are responsible for maintaining the confidentiality of any possible password account and username. In exchange for your use of the Service (in addition to the payment of applicable fees) you agree to: (a) provide true, accurate and complete information about yourself as prompted by the registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If Yahoo! has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, Yahoo! has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any part thereof). Prior to any such withdrawal Yahoo! shall temporarily withdraw the Service and notify you of the grounds on which the Service has been withdrawn. If the position has not been rectified within 14 working days of the notice such withdrawal will be made permanent. Please note your obligations under clause 8.3 (Responsibility for Using the Service).
3.3 Access without registration. Yahoo! may provide you with access to some Services without you registering as a user. In that case your identification is based on other means of identification that Yahoo! deems appropriate. Identification is typically based on data identifying your Subscription, such as your Subscription number or MSISDN (Mobile Service Integrated Services Digital Network) number provided by your network operator. You agree that such information may be collected and disclosed to Yahoo! and used in accordance with section 4.1.
4. Processing of your information
4.1 Privacy. Yahoo! is committed to the privacy of its customers. You acknowledge that Yahoo! may collect and process Registration Data and information on your use of the Service including the personally identifiable information contained therein for the purposes detailed in Yahoo!'s Privacy Policy and you consent to such practices. For Yahoo!'s use of personally identifiable information, please refer to Yahoo!'s Privacy Policy. As global companies, Yahoo! and its affiliated companies increasingly process information beyond the borders of one country. You acknowledge and consent to your information being transferred outside of India as described in Yahoo!'s Privacy Policy.
5. Service Obligation
5.1 Reasonable efforts to maintain the Service. Yahoo! shall use reasonable efforts to keep the Service (or individual services supplied by Yahoo! or third parties) available in accordance with the information that you have received about it at the date of your acceptance of the TOS. Yahoo! may suspend the Service for repair, maintenance, and/or upgrade work. In such a case, Yahoo! shall aim at keeping the said interruption short and at causing as little inconvenience to you as reasonably possible.
5.2 Right to modify services. Yahoo! shall have the right to provide the Service as it deems best but will try to ensure that the Service is of no lesser standard than as at the date of your acceptance of these TOS. Subject to your right to be reimbursed fees under clause 10.2 of these TOS, Yahoo! reserves the right to modify or discontinue, temporarily or permanently, individual Services provided by it or third parties via the Services, or the Services themselves. If a Service is or the Services are to be permanently discontinued, Yahoo! will notify you of this fact.
5.3 Service Upgrades. If any upgrade in a Service requires changes in your equipment or software, you must effect these changes at your own expense. Yahoo! shall inform you of any such alterations in the Service in advance. Unless explicitly stated otherwise, any new or additional features that augments or enhances the current Services, including the release of new Services, shall be subject to the TOS.
5.4 General practices. You acknowledge that Yahoo! may establish general practices and limits concerning use of the Service (such as maximum number of days that uploaded content will be retained by the Services and the maximum disk space that will be allotted on Yahoo!'s servers on your behalf). You acknowledge that Yahoo! reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Yahoo! reserves the right to change these general practices and limits at any time, at its sole discretion, without prior notice to you.
6. LIMITED WARRANTIES
6.1 NO WARRANTIES OTHER THAN THOSE CONTAINED IN THE TOS ARE PROVIDED. THE SERVICES (AND ANY SERVICES AVAILABLE THROUGH YAHOO!'S SERVICES) ARE OFFERED TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND SAVE AS PROVIDED IN THESE TOS AND AS REQUIRED BY THE LAW APPLICABLE TO THESE TOS. YOUR USE OF THE SERVICES AND/OR ANY INFORMATION, DATA, TEXT, SOFTWARE, MUSIC, SOUND, PHOTOGRAPHS, GRAPHICS, VIDEO, MESSAGES OR OTHER MATERIALS TRANSMITTED THROUGH OR MADE AVAILABLE USING THE SERVICES ("CONTENT") IS AT YOUR OWN RISK AND THE USE BY YOU OF THE SERVICES MUST COMPLY WITH INSTRUCTIONS GIVEN BY YAHOO! FROM TIME TO TIME.
6.2 CONTENT. YOU UNDERSTAND THAT THE CONTENT IS THE SOLE RESPONSIBILITY OF THE PERSON FROM WHOM SUCH CONTENT ORIGINATED. UNLESS EXPLICITLY STATED TO THE CONTRARY, YAHOO! AND ITS AFFILIATES DO NOT CONTROL THE CONTENT POSTED VIA OR MADE AVAILABLE USING THE SERVICES AND DOES NOT WARRANT THE ACCURACY, AVAILABILITY, INTEGRITY, OR QUALITY OF SUCH CONTENT. YAHOO! AND ITS AFFILIATES WILL NOT BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, OTHERWISE TRANSMITTED VIA OR MADE AVAILABLE USING THE SERVICES
6.3 SERVICES. YAHOO! AND ITS AFFILIATES MAKE NO WARRANTY THAT (i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES (OR ANY SERVICES AVAILABLE THROUGH YAHOO!'S SERVICES) WILL BE ACCURATE OR RELIABLE, (ii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS BASED ON THE INFORMATION AVAILABLE TO YOU IN CONNECTION WITH THE SERVICES AT THE DATE OF ACCEPTING THESE TOS, AND (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED;
6.4 DOWNLOADING OF CONTENT. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL;
6.5 SECURITY MEASURES. YAHOO! AND ITS AFFILIATES SHALL USE REASONABLE EFFORTS TO SECURE ANY INFORMATION THAT YOU TRANSMIT OR STORE THROUGH THE SERVICES IN ORDER TO PREVENT UNAUTHORISED ACCESS BY THIRD PARTIES. YOU ACKNOWLEDGE, HOWEVER, THAT YAHOO! AND ITS AFFILIATES ARE UNABLE TO EXERCISE FULL CONTROL OVER THE SECURITY OF INFORMATION PASSING OVER THE NETWORK UTILISED BY THE SERVICES OR VIA THE SERVICES, AND YAHOO! AND ITS AFFILIATES HEREBY EXCLUDE ALL LIABILITY OF ANY KIND FOR UNAUTHORISED ACCESS TO INFORMATION PASSING OVER THE NETWORK OR VIA THE SERVICES.
6.6 GENERAL WARRANTIES: (A) THE SERVICES ARE INTERNET, SMS MESSAGE, WAP DRIVEN AND GPRS BASED AND YAHOO! AND ITS AFFILIATES ARE NOT ABLE TO CONTROL EFFICIENCY OF ALL NETWORKS IN THEIR ENTIRETY OVER WHICH THE SERVICES (AND INDIVIDUAL YAHOO! OR THIRD PARTY SERVICES) ARE SUPPLIED. THEREFORE, YAHOO! AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY DISRUPTION TO THE SERVICES PROVIDED THAT WE WILL USE ALL REASONABLE EFFORTS TO RECTIFY ANY SUCH DISRUPTION AS SOON AS REASONABLY PRACTICABLE. FURTHER, YAHOO! AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY AND ASSUME NO RESPONSIBILITY FOR THE DELAYS IN PROVISION OF THE SERVICES/INDIVIDUAL YAHOO! SERVICES, DISTORTION, MIS DELIVERY OR FAILURE TO STORE ANY CONTENT, COMMUNICATIONS OR PERSONALISED SETTINGS OR THE EQUIPMENT USED BY YOU IN RELATION TO THE SERVICES OR INDIVIDUAL YAHOO! SERVICES;(B) WHEN USING THE INTERNET SERVICES YOU MAY FIND FROM TIME TO TIME SITES AND ADDRESSES WHICH YOU WISH TO VISIT HAVE BEEN DISCONNECTED OR CANNOT BE FOUND. YAHOO! AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR MAINTAINING ANY SITE OR ADDRESS OTHER THAN OUR OWN AND CANNOT GUARANTEE THE CONTINUED AVAILABILITY OF ANY OTHER PERSON'S SITE OR ADDRESS. YAHOO! AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICES OR ANY PART THEREOF NOT WITHIN YAHOO'S AND ITS AFFILIATE'S REASONABLE CONTROL;(C) NO NON-FRAUDULENT ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YAHOO! OR ITS AFFILIATES OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS SAVE ANY TERMS EXPRESSELY TO BE VARIED IN THESE TOS.
7. Limitation of Liability
7.1 NOTHING IN THE TOS LIMITS OR EXCLUDES EITHER YAHOO!'S, OR YOUR LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY YAHOO'S OR YAHOO'S EMPLOYEES OR YOUR NEGLIGENCE, OR ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.
7.2 SUBJECT TO CLAUSE 7.1, NEITHER YAHOO! NOR ITS AFFILIATES SHALL IN ANY CIRCUMSTANCES BE LIABLE UNDER THESE TOS FOR ANY OF THE FOLLOWING LOSS OR DAMAGE (WHETHER SUCH LOSSES OR DAMAGE WERE FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE): (A) LOSS OF BUSINESS CONTRACTS; (B) LOSS OF SAVINGS OR ANTICIPATED SAVINGS; (C) LOSS OF REVENUE OR ANTICIPATED PROFITS; (D) LOSS OF GOODWILL; (E) LOSS OF DATA; (F) LOSS OF OPPORTUNITY; (G) LOSS OF REPUTATION; (H) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LOSSES; OR; (G) FOR ANY OTHER UNUSUAL LOSSES.
7.3 SUBJECT TO CLAUSE 7.2, YAHOO!'S AND ITS AFFILIATES' MAXIMUM LIABILITY UNDER THESE TOS FOR LOSSESS DIRECTLY RESULTING FROM A BREACH OF THESE TOS OR ITS NEGLIGENCE SHALL BE LIMITED IN RESPECT OF ANY ONE EVENT OR A SERIES OF TWO OR MORE CONNECTED EVENTS TO INR 100/- (Rs. ONE HUNDRED ONLY). YOU SHALL NOT USE THE SERVICES IN ANY CASE WHERE DAMAGE OR INJURY TO PERSON, PROPERTY OR BUSINESS MAY OCCUR IF ANY ERROR OCCURS. YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE.
7.4 Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that YAHOO! may not, as a matter of applicable law, disclaim any liability or implied warranty, the scope and duration of such warranty shall be the minimum permitted under such applicable law.
8. Use of the Service and Content
8.1 The nature of content. Neither the Services, nor any of the information transmitted through or made available using the Service, is intended to supply tax, accounting or legal advice, advice regarding the suitability or profitability of any security or investment, any health or medical advice, or any other advice of a personal, private or a commercial nature. Although the Services may provide access to information and recommendations and research about the foregoing topics, Yahoo! does not guarantee that such recommendations are suitable to you or for any other person. You shall make your own independent evaluation of the suitability of such recommendations. You assume full responsibility and liability for any and all tax, accounting, legal, investment, medical, health, or other personal decisions made by you.
8.2 Responsibility for Content provided by you. You shall be responsible for any Content delivered through your account. In particular, you are responsible for ensuring that any Content sent by you or through your account does not cause interference to the network, infringe copyrights or other rights, or violate good practice (including so-called SPAM mass deliveries), legislative provisions or regulations issued by applicable authorities.
8.3 Responsibility for the use of the Service. You are fully responsible for all activities that occur under your password or account or through your Subscription. That responsibility includes, but is not limited to, the responsibility for any fees for the use of the Service or any products and services made available through the Service. You agree to: (a) immediately notify Yahoo! in case you become aware of or suspect unauthorised use of your password or account or Subscription or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Yahoo! cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 8.3.
8.4 Prohibited activities. You agree not to use the Services or services available via the Services to: a) upload, make available, send or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; b) harm minors in any way; c) impersonate any person or entity, including, but not limited to, a Yahoo! official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; d) upload, make available, send or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party or any Content that you do not have a right to transmit under applicable law or under contractual or fiduciary relationship (such as information disclosed as part of employment relationships or under nondisclosure agreements); e) upload, send or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail", "Spam", chain letters, pyramid schemes, or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; f) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or g) "stalk" or otherwise harass another. You agree not to: a) manipulate identifiers in order to disguise the origin of any Content transmitted through the Services; b) intentionally or unintentionally violate any applicable local, state, national or international law; c) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
8.5 Yahoo!'s right to refuse Content. You acknowledge that Yahoo! does not monitor Content, but that Yahoo! may (without any obligation to do so), at its sole discretion, refuse or remove any Content that you or any third party make available via the Services. Without limiting the effect of this clause, Yahoo! shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree to evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
8.6 Yahoo!'s right to disclose information. You acknowledge and agree that Yahoo! may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Yahoo!, its users and the public.
8.7 Use of your content. You understand that the technical processing and transmission of the Services, including your Content, may involve: (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices; (c) to conform to the limitations of the Services; or (d) to conform to other, similar technical requirements. You understand that the Content you post into public areas of the Services, including but not limited to chat groups, message boards and other areas accessible to large or unlimited number of users of the Services or other persons is or may be accessible by other users of the Services or other persons. Accordingly you grant other users of the Services, Yahoo!, or other persons having access to such Content a royalty-free, irrevocable and worldwide license to use and reproduce, modify, and translate such Content in association with the Services. Yahoo! will not monitor, edit, or disclose the contents of a user's private communications with another user (including content posted to public areas of the Services), except that user agrees Yahoo! may do so: (a) as required by law; (b) to comply with legal process; (c) if necessary to enforce these TOS; (d) to respond to claims that such content infringe the rights of third parties; (e) to protect the rights or property of Yahoo! or others; (f) to identify or resolve technical problems or respond to complaints about the Services; and (g) to implement security measures to guard against viruses, hacks, and other malicious applications or files.
8.8 Intellectual Property in the Services. You acknowledge and agree that the Services, any software used in connection with the Services ("Software"), and usernames allocated to you contain proprietary and confidential information that is protected by applicable intellectual and industrial property and other laws and which belong to Yahoo! or third parties. You will not acquire ownership of any worldwide intellectual property rights in Software or usernames by virtue of your use of the Services. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by Yahoo!, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part. You agree not to access the Services by any means other than through the interface that is provided by Yahoo! for use in accessing the Services. Yahoo! hereby grants you a license to make a single copy of the Content on the equipment you use to access the Services and to use and display such copy of the Content on such equipment for private non-commercial purposes only.
8.9 Without Yahoo!'s prior permission, you agree not to display or use in any manner, the trademarks, trade names or logos used in connection with the Services.
9. PAYMENTS
9.1 Tariffs. The tariffs and terms of payment are displayed on the Yahoo! website. You shall be responsible for payment of the Services and the use thereof in accordance with the price lists in force from time to time. Unless otherwise indicated, the charges for the use of the Services shall be collected by your mobile operator..
9.2 Price changes. Price changes. Yahoo! reserves the right to change the tariffs for the Services by posting details of such changes on its web site or in other publicity materials.
9.3 Overdue payments. Overdue payments. Any overdue unpaid amount shall bear an interest of twelve per cent (12%) per annum or the highest interest allowed by applicable law, which ever is higher.
9.4. Potential fraud. If Yahoo!, at its sole discretion, has any reason to believe that any Service is being used in a fraudulent manner, Yahoo! shall have the right to suspend access to such Service until Yahoo! is satisfied that the use of such Service is in accordance with the Terms of Service.
10. Termination
10.1 Termination of the Service. You agree that Yahoo!, at its sole discretion, may terminate your use of a Service or Services and remove and discard any Content within such Service or Services, if you remain in breach of the TOS for more than 7 days from notice of such fact. Notwithstanding anything contained herein, Yahoo! shall have the right to forthwith cancel the TOS at any time and without assigning any reason. Each of Yahoo! and you may cancel the TOS by submitting a notice in accordance with clause 11.1. The cancellation shall be effective at the end of the calendar month following the month when you gave your notice of cancellation.
10.3 Suspension of the Services. Yahoo! may, suspend all or any of the Services , for lack of use, or if Yahoo! believes that you have violated or acted inconsistently with these TOS.
10.4 Deletion of account information on termination. You agree that on any termination of your access to the Service or Services under any provision of the TOS, Yahoo! may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service or Services. Further, you agree that Yahoo! shall not be liable to you or any third party for any termination of your access to the Services or any part thereof.
11. Other terms and conditions
11.1 Notices. Yahoo! shall serve notices related to this contract by posting them on the Yahoo! website or by sending them to the address or e-mail address you have given to Yahoo! pursuant to section 3.2, or as a text message to your mobile Subscription number. Notices posted on the Yahoo! website or sent by e-mail or as a text message shall be deemed received on the weekday following the day when they were posted or sent.
11.2 Changes to T.O.S. Yahoo! reserves the right to change these terms and conditions from time to time. Changes shall be notified to you by posting on the Yahoo! website or by sending you a notice pursuant to section 11.1 thereof. Changes in this manner shall be deemed to have been accepted if you continue to use any Service or Services after a period of two weeks from the date of posting on the Yahoo! website or from the notice.
12. General information
Yahoo Web Services India Private Limited is a company registered in India. The TOS and the relationship between Yahoo! and you shall be governed by the laws of India without regard to its conflict of law provisions and the courts of Mumbai shall have exclusive jurisdiction in relation to any matter arising out of or from these TOS. The failure of Yahoo! to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision or part of a provision of the TOS is found by a court of competent jurisdiction to be invalid or unenforceable, then the remainder of the provision will be enforced so as to effect the intention of the parties, and the other provisions of the TOS remain in full force and effect.
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