), and all other policies, site rules, and agreements referenced below or on YouMeBill, are fully incorporated into this TOU, and you agree to them as well.
OGHA SYS (OPC) PRIVATE LIMITED (hereinafter referred to as ‘Ogha Sys’ or 'YouMeBill' or ‘we’ or ‘us’) is a company registered under the Companies Act, 2013.
YouMeBill is a registered trademark of Oghasys. The registered office of Oghasys is at FLAT NO. 2/13, THILLAI GANGA NAGAR, 6TH STREET NANGANALLUR, Chennai - 600061, Tamil Nadu, India. The company registration number is U72900TN2015OPC102854 and GSTIN is 33AACCO2286K1ZC
LICENSE. If you agree to the TOU and (1) are of sufficient age and capacity to use YouMeBill and be bound by the TOU, or (2) use YouMeBill on behalf of a business, thereby binding that business to the TOU, we grant you a limited, revocable, non-exclusive, non-assignable license to use YouMeBill in compliance with the TOU; unlicensed use is unauthorized. You agree not to display, "frame," make derivative works, distribute, license, or sell, content from YouMeBill. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content.
USE. Unless licensed by us in a written agreement, you agree not to use or provide software (except general purpose web browsers and email clients) or services that interact or interoperate with YouMeBill, e.g. for downloading, uploading, creating/accessing/using an account, flagging, emailing, searching, or mobile use. You agree not to copy/collect YouMeBill content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited. You agree not to abuse YouMeBill's flagging or reporting processes. You agree not to collect YouMeBill user information or interfere with YouMeBill. You agree we may moderate YouMeBill access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not.
LIQUIDATED DAMAGES. You further agree that if you violate the USE section, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) collecting/harvesting YouMeBill users' information, including personal or identifying information; (B) publishing/misusing personal or identifying information of a third party in connection with your use of YouMeBill without that party's express written consent; (C) misrepresenting your identity or affiliation to anyone in connection with your use of YouMeBill; (D) sending an unauthorized/unsolicited email to an email address obtained from YouMeBill; (E) using YouMeBill user information to make/send an unauthorized/unsolicited text message, call, or communication to a YouMeBill user; (F) creating a misleading or unlawful YouMeBill account or buying/selling a YouMeBill account; (G) abusing or attempting to abuse YouMeBill's flagging or reporting processes; (H) distributing any software to facilitate violations of the USE Section; (I) aggregating, displaying, copying, duplicating, reproducing, distributing, or exploiting YouMeBill content for any purpose without our express written consent; (J) bypassing or attempting to bypass our moderation efforts. You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.
FEES. You authorize us to charge your account for YouMeBill fees in paid areas. Any tax is additional. Fees are non-refundable, even for items we remove, delay, omit, re-categorize, re-rank, or otherwise moderate.
DISCLAIMER & LIABILITY. To the full extent permitted by law, Ogha Sys Pvt Ltd., and its officers, directors, employees, agents, licensors, affiliates, and successors in interest ("YouMeBill Entities") (1) make no promises, warranties, or representations as to YouMeBill, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide YouMeBill on an "AS IS" and "AS AVAILABLE" basis and any risk of using YouMeBill is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with YouMeBill. YouMeBill Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to YouMeBill, and in no event shall such liability exceed the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.
CLAIMS & INDEMNITY. Any claim, cause of action, demand, or dispute arising from or related to YouMeBill ("Claims") will be governed by the internal laws of Chennai,Tamil Nadu, without regard to conflict of law provisions, except to the extent governed by Indian Government Law. Any Claims will be exclusively resolved by courts in Chennai,Tamil Nadu (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Chennai, Tamil Nadu; (2) indemnify and hold YouMeBill Entities harmless from any Claims, losses, liability, or expenses (including attorneys' fees) that arise from a third party and relate to your use of YouMeBill; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.
TRADEMARKS. Ogha Sys Pvt Ltd, "YouMeBill" and the logo are registered trademarks with the Intellectual Property India.
MISC. Users complying with prior written licenses may access YouMeBill thereby until authorization is terminated. Otherwise this is the exclusive and entire agreement between us and you, and our actions or silence toward you or anyone else does not waive, modify, or limit the TOU or our ability to enforce it. The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections survive termination of the TOU, and you will remain bound by those sections. If a TOU term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the TOU controls over any translations. Questions? Email firstname.lastname@example.org.