Last updated on December 10th, 2024

Yaper, the inquisitives must have found out, is slang for money.

But what do we do, you ask?

Well, let's start with a question then.

Does money feel better flowing in or flowing out?

I bet you said flowing in and in case you are a spendaholic you'd still know that in order for money to flow out it must first flow in. Damn, that's a lot of "flows".

So, getting back to where we were, we help you increase your money flowing in.

How???

By helping you convert your liabilities into your assets. In simpler words, by earning money (cold hard cash) on using your Credit and Debit Cards.

1. Scope of the App Services

Yaper Technologies Private Limited ("Yaper") is the owner and controller of 'YAPER' which is a web-based mobile application that provides a unified platform that primarily enables Credit and Debit Card holders in India to earn money via their cards by helping others avail discounts available on their cards at various online and offline merchants and includes other related facilities and services offered on YAPER ("App Services") currently or in the future, where such services can be accessed via the internet either on mobile and desktop/laptop ("YAPER" or "App").

By accessing and using our Services (defined below), you ("Our User") are agreeing to these terms and conditions contained hereinafter ("Terms of Service" or "Terms"). We, Yaper Technologies Private Limited, including its affiliates & subsidiaries, strongly urge you to read the Terms of Service in detail before registering, accessing or using the App Services. Supplemental terms may apply to certain Services, such as new feature and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

We may amend the Terms at any time by posting an updated version on the App. The updated version of these Terms shall supersede the previous version of the Terms and take effect immediately upon posting and may be notified, via the App. You have the right to opt-out of agreeing to these Terms or any future updated version of the Terms, and therefore also using the App. If you are not comfortable with any of the Terms or do not wish to be bound by the same, you are at liberty to refrain from using the App and the App Services. However, please be aware that your continued use of the App Services for a period of 7 (seven) days from the launch of any updated Terms would mean deemed acceptance of these Terms and its associated policies mentioned here, including any modification thereof.

For the purpose of these Terms of Use, wherever the context so requires, the term "User" shall mean and include any natural or legal person who has agreed to these Terms of Use on behalf of itself or any other legal entity. It is clarified that the Privacy Policy (that is provided separately), form an integral part of these Terms of Use and should be read contemporaneously with the Terms of Use. Illegality or unenforceability of one or more provisions of these Terms of Use shall not affect the legality and enforceability of the other terms of the Terms of Use. For avoidance of doubt, if any of the provisions becomes void or unenforceable, the rest of the provisions of these Terms of Use shall be binding upon the User.

2. Eligibility

By registering with YAPER and using the App Services, you are representing the following:

• You are 21 years of age or older;

• You are capable of entering into a legally binding agreement; and

• You are not barred or otherwise legally prohibited from accessing or using Yaper/YAPER & the App Services.

If you allow anyone to use your account, including individuals under 21 years of age, you will still be responsible for ensuring that such individuals comply with the terms. You will be responsible for all actions these individuals take in and/or through your account. You also acknowledge that Yaper does not have the responsibility of ensuring that you meet the aforesaid requirements. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes.

Please be aware that Yaper reserves the right to revoke your access to the YAPER App or App Services, subject to our reasonable discretion. In this regard, we may also choose to suspend your YAPER Account or your access to the same. As a registered User, in such an event, you may contact our support team to assist you/resolve the situation.

3. Your Use of Yaper

When you use our App, you are representing to us that:

• Your use of the App shall not violate any applicable law or regulation, and that you fulfil the eligibility criteria set forth under Section 2;

• All registration information you submit is truthful, complete and accurate and you agree to maintain accurate, complete and up-to-date account information in your Account.

• You are responsible for all activity that occurs under your Account. Unless otherwise permitted by Yaper in writing, you may only possess one Account.

• Your use of the App, or its content is only for personal purposes. By using the App Services, You hereby agree that you are aware and responsible for all transactions taking place through your Account. This include the orders placed using Credit and Debit Cards that are not in the name of the Account Holder, but a family member, friend or acquaintance. By placing an order with a Card that does not belong to You, You assume responsibility for the transactions that have taken place through that Card and for their subsequent payment.

• Your personal and non-commercial use of the App prevents you from decompiling, reverse engineering, disassembling content, removing any intellectual property right associated with our App, including copyright, trademarks, trade secrets, designs, and patents, or other proprietary notices.

• You shall not access or use the App in any manner that may be harmful to the operation of the App or its content;

• You shall not use the App Services in any way that is unlawful, or harms Yaper or any other person or entity;

• You will not post, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the App or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the App.

• You will not delete or modify any content of the App, such as legal notices, disclaimers or proprietary notices, copyright or trademark symbols and logos.

• Your use of Yaper shall indicate that you have provided consent to automatically receive requested updates such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, ‘Updates’), for the purpose of effective delivery of the App Services. Please note that your continued use of the App following such Updates would mean deemed acceptance by you of the same.
  
  
  

4. Violation of Terms of Use / Suspicious Activity

If we believe that you have violated any of the conditions as mentioned under these Terms or our Privacy Policy, we reserve the right to suspend your access to the App and/or delete your Account without prior notice to You. If we have reason to believe that there is suspicious or unusual activity being carried out through your account, we may temporarily or permanently suspend your access to the App Services. You may reach out to the YAPER support team to assist you with any query or question arising as a result of the afore-mentioned suspension/ deletion to resolve the same.

You may end your legal agreement with Yaper at any time by deactivating your account and discontinuing the use of the App Services. We provide all our Users an option through which a User may request deletion of a specific Card stored on his/her account or the complete account through the support section on the Yaper App or by contacting wecare@yaper.co . Following such a request, we consider the agreement to be terminated and take appropriate steps.

5. Refunds

You are responsible for all the information you input in your Account. Yaper shall not be responsible for any payment for an incorrect Credit card account or bill payment number. In case you have placed an order on Yaper but the order has not been delivered to the recipient within 7 days you may inform us regarding the same by sending an email to wecare@yaper.co . We shall investigate such incidents and if it is found that the order was indeed placed by you with your card and with the recipient's correct delivery address then you will be refunded the money within twenty one (21) working days from the date of receipt of your email. All refunds will be credited to your card or bank account. Yaper will have the sole discretion to determine the mode of reversal from the above mentioned options.

6. Privacy

We collect, hold, use and transfer your personal data in accordance with our Privacy Policy. By agreeing to the Terms of Use, you hereby agree to our Privacy Policy, which may be updated and/or modified by us from time to time. You understand and agree that, to the extent permitted by applicable law, any data provided by you in connection with the App Services may be shared with our affiliates or partners, and/ or used by us for enhancing the App Services, including but not limited to creating new products. Please refer to the Privacy Policy for further clarity on the subject.

7. Disclaimer

The App Services, including all content, software, functions, material, and information made available or accessible through the Services are provided "as is". Yaper, its respective agents, co-branders or partners, make no representation and warranty of any kind for the content, software, functions, material, and information available/accessible through the Services.

Yaper does not warrant that the functions contained in content, information and materials on the App, including, without limitation any third-party sites or services linked to the App will be uninterrupted, timely or error-free, that the defects will be rectified, or that the App or the servers that make such content, information, and materials available are free of viruses or other harmful components.

Further, You understand that a transaction is solely between the User who uses the App Services to place an order ("Earner") and the User who receives the discounted product ("Saver") and that Yaper does not provide any guarantees or warranties with respect to any User or any service, goods, or delivery level commitment provided by such User. Yaper cannot assure that other users are or will be complying with the foregoing rules or any other provisions mentioned here. You assume all risk of harm or injury resulting from any such lack of compliance by any other user or any person. You should ensure that you have undertaken adequate due diligence prior to placing orders using the App Services.

8. Limitation of Liability

In no event shall Yaper, its officers, owners, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, or contractors be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages or losses whatsoever, or damages for loss of data or profits, goodwill, and/ or other intangible loss, whether or not foreseeable and regardless of whether Yaper has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of, or access to, the App or App Services.

In no event shall Yaper’s total cumulative liability to You in connection with the App Services for all damages, losses and causes of action, arising from or relating to these terms and conditions exceed the net fees Yaper has actually received and retained from your valid transactions during the three (3) month period immediately preceding the date of the claim.

9. Indemnity

You agree to defend, indemnify and hold harmless Yaper, its officers, owners, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, contractors and other applicable third parties (collectively ‘Indemnified Parties’) from and against any and all claims, demands, damages, obligations, losses, liabilities, cause of action, costs or debt, and expenses (including any legal fees) arising from:

• your use of and access to the App;

• your violation of any of these terms;

• your violation of any third party right, including any intellectual property right or privacy right;

• the committing of any of the prohibited activities as stated here;

• your failure to be in compliance with applicable law, including tax regulations; or

• any claim that your use of the App caused damage to a third party.
  
  
  

10. Disputes & Arbitration

In consideration for YAPER granting you access to and use of the app Services, you agree that in case of any dispute between the Earner and Saver, Yaper shall not be a party to the same. While Yaper is not obligated to mediate disputes, we will assist users in communicating with each other regarding a dispute.

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of India. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the App Services or these Terms, including those relating to its validity, its construction or its enforceability (any "Dispute") shall be first mandatorily submitted to mediation proceedings in terms of the Indian law. If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under the Indian laws, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 ("Act"). The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the Act. The place of both mediation and arbitration shall be New Delhi, India. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, any correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

11. Use and Protection of Intellectual Property Rights

Yaper, YAPER and the App Services are protected by copyright, trademarks, patents, trade secret and/or other intellectual property laws. No information, content or material from the App may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without Yaper's express written permission. You are hereby given a limited licence to use the App Services, subject to your agreement of these Terms.

When you upload, submit, store, send or receive content that may include feedback to or through our App, you give Yaper a worldwide, perpetual licence to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. This licence shall not revert to you even if it is not used by Yaper. The rights you grant in this licence are for the limited purpose of operating, promoting, and improving the App Services, and to develop new ones. This licence continues even if you stop using the App Services.

12. Tax Liability

You hereby agree to comply with any and all applicable tax laws in connection with your use of the App Services, including without limitation, the reporting and payment of any taxes arising in connection with rewards earned, or funds/income received through the App Services.

13. Governing Law and Jurisdiction

The App, the App Services, all your transactions with the App, and our relationship shall be governed by the laws of India, without regard to conflict of law principles. You agree that all claims, differences and disputes which we may have shall be subject to the exclusive jurisdiction of the competent courts located in New Delhi.

14. Assignment

The licence granted hereunder to You shall not be transferred or assigned by you.

You give your approval to Yaper for it to assign or transfer these Terms in whole or in part, including to (i) a subsidiary or an affiliate; (ii) an acquirer of Yaper’s equity, business or assets; or (iii) a successor by merger.

15. General

No joint venture, partnership, employment or agency relationship exists between you, Yaper or any Third Party as a result of the contract between you and Yaper or the use of the App Services. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words "including" and "include" mean "including, but not limited to."

16. Contact us

If you have any concerns, complaints or grievances about the terms or other users or their manner of use of the application infringe or violate your rights or any complaints about how we handle your personal information, please feel free to contact the Grievance Officer any time at:

Name: Vaibhav Jain
Email: vaibhav@yaper.co