1. Introduction

The YReach service is provided by Ybrant Digital Limited , a company incorporated in the companies act 1956 and having its office at Plot 7a ,Rd # 12,MLA Colony ,Banjara Hills, Hyderabad500034. Ybrant is in the business of providing information about products , services & vendors of the same in select cities of India. The objective is to provide a quicker guide for up-to date information in a user-friendly manner & via a medium the end user is comfortable with.

2. Subscription

Business houses ,corporates, small & medium enterprises in order to improve their business may subscribe to advertise on the Service. YReach will provide information about the subscriber to the users in a manner provided in these terms.

3. Terms of Service

These terms of service set forth the terms & conditions under which the advertiser may be identified as a vendor to users and shall come into effect upon the advertiser or any authorized agent of the advertiser signing & delivering these terms to YReach.

The terms of service will override any letter or correspondence exchanged between parties.

4. YReach reserves the right to cancel, delete, modify and/or alter the classified, coupons, events & business listings without any prior notice.

5. Information Dissemination

In relation to the internet, YReach may provide information about subscribers and other vendors by providing a link to the subscriber's website /webpage and may also provide a virtual number that the user may call a subscriber.

6. No guarantee of business

YReach does not guarantee that leads will be generated by it for the advertiser or that any of such leads will translate into business for the advertiser.

7. No marketing

YReach is not obliged and does not market the offerings of the advertiser and shall not be obliged to recommend advertiser to users.

8. Indemnification

Advertiser shall indemnify and hold harmless YReach & its affiliates, directors , officers, agents & employees from any claim , loss or damage including legal fees , asserted by any third party including any user due to or arising out of any action or inaction of advertiser , its employees or agents.

9. Priority of information about vendors

For YReach, providing relevant information to the user is a priority . The user has to identify the location and the category in respect of which he is seeking information and YReach will provide the information based on such choice . Amongst the vendors who fall within the parameters identified by the user, information about subscribers registered with YReach ("Subscribers") is first provided . The advertiser is one such Subscriber. Priority among Subscribers is determined in the manner provided for in these terms. Nothing in these terms shall be deemed to restrict or prevent YReach from providing Users with information about other vendors.

10. Tenure model

a) The priority of Subscribers shall be determined by the level of listing subscribed by each Subscriber and by the ratings such listings receives on the YReach website. YReach reserves the right to modify this arrangement without prior notice.

b) The contract would be valid for a period of 1year.

11. Advertiser obligations:

Advertiser agrees to make all payments due to YReach in a timely and efficient manner and shall ensure that cheques issued do not bounce . Advertiser shall not issue stop payment instructions in respect of such cheques. YReach reserves the right to take action under the Negotiable Instruments Act ,1881 in respect of bounced cheques or take any action available in law.

Advertiser represents that
a) It is a bonafide business organization carrying on business in respect to the items disclosed to YReach.

b) It has the rights to use the trademarks it claims to have the rights to use.

c) The business carried on by Advertiser does not violate or infringe upon any law or regulation and all registrations required by it has been procured by it.

d) All information provided to YReach is & shall be at all times accurate and complete.

12.Disclaimer & limitation of liability

To the fullest extent permitted by law YReach disclaims all warranties , express or implied, including (without limitation)for non infringement , merchantability, satisfactory quality and fitness for purpose. To the fullest extent permitted by law, YReach disclaims all guarantees regarding accurate positioning of the listing in relation to the ratings. Advertiser understands that there may be errors in the same. Neither party will be liable for any consequential, special, indirect, exemplary, or punitive damages (including without limitation loss of profits, revenue, interest, goodwill) whether in contract or any other legal theory. Each party's aggregate liability to the other is limited to amounts paid or payable to YReach by Advertiser for the preceding 12 months from the date of the claim.

13. Termination

a) If YReach or Advertiser (Defaulting Party)commits a breach of duty owned to the other party(Other Party) the Other Party may call upon the defaulting party to rectify the breach within 21 days of the receipt of notice failing which the other party may terminate the relationship between Advertiser & YReach by a further notice to the defaulting party.

b) Termination of the relationship shall also not prevent YReach from listing the Advertiser as vendor and disseminating information to users.

c) Upon termination of this agreement, the deposit placed by the Advertiser(as reduced by leads or period of listing) shall be retained by YReach towards the services rendered to the Advertiser. If there is any disagreement over a new policy introduced by YReach, the Advertiser may choose to cancel the listing by informing YReach in writing.

d) Under no circumstances (other than clause 13e) the Advertiser shall be entitled to claim a refund of amounts paid to YReach.

e) The Advertiser may choose to cancel the services by informing in writing within14 days from the date of receipt/invoice. Only in this case the amount paid will be returned by cheque to the advertiser.

14. Notices

Notices have to be sent by email or fax to the number /email address notified by YReach/Advertiser & this will have to be followed by notice by registered post /reputed courier.

15. Modifications to terms of service

YReach reserves the right to change these terms or policies relating to the Services at any time without prior notice to the Advertiser.

16. Taxes

YReach shall charge the Advertiser for all the taxes and charges (now in force or to be enacted in future)that are imposed on the said services and listing fees arising fees arising out of relationship with YReach.

17. General

a) YReach decision on all issues pertaining to the interpretation of these terms shall be final and binding on advertiser.

b) The relationship between Yreach and Advertiser is governed by the laws of India and exclusive jurisdiction on the courts of Hyderabad

c) Advertiser agrees that no joint venture , partnership ,employment or agency exists between the Advertiser and YReach.

d) YReach is subject to the existing laws & legal process & nothing contained in these terms is in derogation of YReach's right & obligation to comply with the law

e) If any part of these terms are held to be invalid or unenforceable provision will be deemed superseded by a valid , enforceable provision that most closely matches the intent of the right or obligation against advertiser upon notice to the same. Upon such assignment, the assignee shall be bound by these terms in the same manner that YReach shall cease to have any liability to Advertiser.

f) YReach will not be responsible for any delay or deficiency due to any force majeure events like natural disasters, acts of terrorism ,civil labor strife , labor and transportation strikes.

g) Nothing in these terms obliges YReach to provide any credit to the advertiser.

18. Arbitration

All disputes , differences , claims arising out of this Terms of Service shall be settled by arbitration in accordance with the provisions of Arbitrations and Conciliation Act 1996 or any statutory amendment thereafter. The dispute shall be referred to the sole arbitrator who shall be appointed by the Authorized person/Director of YReach. The arbitration proceedings will be held in Hyderabad and conducted in English. Award of arbitration shall be final & binding on the advertiser and YReach.

Information to Advertisers

Promote your Brand on Ybrant Reach:

Instead of searching for customers, what if they found you?

Promote your brand across the Ybrant Reach network and reach people when they are actively looking for information about your products and services. With Ybrant Reach services being available on a cross platform of voice, web & wireless, subscribing to any of Ybrant Reach's advertising programs increases visibility & makes it easier for new customers to find you and your products.

Sponsored Listing:

Get a top position by advertising with Ybrant Reach. Thousands of potential customers search on Ybrant Reach for local information; they'll find your business your address, your phone numbers etc. The sponsored results get greater visibility as they are highlighted and are given a preference over other listings. So get your name on top and be visible when the customer is looking for you.

Video Ad:

A video presence enables you to better display your product or service. Think of it like a miniature TV commercial. It might include demonstration of products, a testimonial about its effectiveness, or a pure hard selling message. Video ads give you immense 'branding' & 'image'. Today consumers are taking a full virtual experience before making a purchase decision. Can you miss such a powerful medium?

Listing on Phone Search:

Ybrant Reach receives calls from people looking out for products and services. Our easy to remember number 45678910 makes it even more easy to get the information. When a customer calls us requesting information, our operators assist them by giving them the relevant contact details. The caller name and number is sent to you instantly through SMS for you to optimize the business opportunity. So get listed on our telephonic search and see your business grow.

Listing on Web:

Sponsored Listing:
Get a top position by advertising with Ybrant Reach. Thousands of potential customers search on Ybrant Reach for local information; they'll find your business your address, your phone numbers etc. The sponsored results get greater visibility as they are highlighted and are given a preference over other listings. So get your name on top and be visible when the customer is looking for you.

Listing on Mobile Search:

SMS Listing:
Ybrant Reach's SMS Search 5626333 is another powerful medium to list yourself on. People who are looking out for information, SMS us on 5626333. We send them the relevant information instantly and you receive their details in seconds. So, list yourself and be available to customers looking for your Products and Services even while they are on the go.

GPRS Listing http://www.yreach.com/mobile is the fastest local search engine on Mobile. It allows consumers to search for any local information by categorizing the query into the company/name or product/service, giving the user extremely relevant and tailored results. It is designed for the people who are on the move and need to access to information instantly. The technology used helps the page load in 5 to 10 seconds. Thousands of people search for information on Ybrant Reach's GPRS site. Can you miss being in such a medium?

Terms of Service

1) Introduction

The Ybrant Reach Service is provided by Ybrant Digital Limited a company incorporated under the Companies Act, 1956 and having its office at Plot No 7A, Road # 12, M L A Colony, Banjara Hills, Hyderabad -500034. Ybrant Reach carries on the business of providing information about products and services and the vendors of the products and services in select towns and cities in India. The objective is to provide a quicker guide for up-to-date information in a user friendly manner and via a medium that the end user is comfortable with. The end users of the service are persons who want to purchase goods/ avail services and are seeking information about the vendors of such goods and services.

2) Subscription

Business houses / small and medium enterprises/ corporate entities /semi-corporate entities/ establishments in order to promote their company/ business and offerings on the service may subscribe to advertise on the Service. Ybrant Reach will provide information about the subscribers to users in the manner provided for in these Terms.

3) Terms of Service

These terms of service set forth the terms and conditions under which the advertiser (the person mentioned in the application on page 1 of these Terms) may be identified as a vendor to users and shall come into effect upon the advertiser or any authorized agent of the advertiser signing and delivering these terms to Ybrant Reach. These terms will override any letter or correspondence exchanged between the parties on the subject matter hereof.

The terms of service will override any letter or correspondence exchanged between parties.

4) Ybrant Reach reserves the right to cancel, delete, modify and/or alter the classifieds, coupons, events, and business listings without any prior notice.

5) Information Dissemination

Ybrant Reach currently disseminates information to the users over three mediums, viz., telephone, internet and wireless (SMS). Ybrant Reach may, at its discretion cease providing information over any of the above mediums, provide information over other mediums or modify the manner in which information is provided from time to time. The terms of and manner in which information is disseminated to users is set forth in www.Ybrant Reach.com. In relation to the internet, Ybrant Reach may provide information about subscribers and other vendors by providing a link to the subscribers' website /webpage and may also provide a virtual number that the user may call a Subscriber.

6) No Guarantee of business

Ybrant Reach does not guarantee that leads will be generated by it for the advertiser or that any of such leads will translate into business for the Advertiser.

7) No Marketing

Ybrant Reach is not obliged and does not market the offerings of advertiser and shall not be obliged to recommend advertiser to users.

8) Indemnification

Advertiser shall indemnify and hold harmless Ybrant Reach its affiliates, directors, officers, agents and employees from any claim, loss, or damage, including legal fees, asserted by any third party including any user due to or arising out of any action or inaction of advertiser, its employees or agents.

9) PRIORITY OF INFORMATION ABOUT VENDORS:

For Ybrant Reach, providing Information that is relevant to the User is a priority. The User has to identify the location and category in respect of which he is seeking Information and Ybrant Reach will provide the Information based on such choice. Amongst the vendors who fall within the parameters identified by the user, Information about subscribers registered with Ybrant Reach ("Subscribers") is first provided. The Advertiser is one such Subscriber. Reference to Subscribers in these Terms shall include a reference to Advertiser. Priority among Subscribers is determined in the manner provided for in these Terms. Nothing in these terms shall be deemed to restrict or prevent Ybrant Reach from providing Users with Information about other vendors.

10) TENURE MODEL:

a) The priority of Subscribers shall be determined by the level of listing subscribed by each Subscriber and by the ratings such listing receives on the Ybrant Reach website. Ybrant Reach reserves the right to modify this arrangement without any prior notice.
c) The Contract would be valid for Period of 1 year.

11) ADVERTISER OBLIGATIONS:

Advertiser agrees to make all payments due to Ybrant Reach in a timely and efficient manner and shall ensure that cheques issued do not bounce. Advertiser shall not issue stop payment instructions in respect of such cheques. Ybrant Reach reserves the right to take action under the Negotiable Instruments Act, 1881 in respect of bounced cheques or take any other action available in law. Advertiser represents that (i) It’s a bonafide business organization carrying on business in relation to the items disclosed to Ybrant Reach, (ii) It has the rights to use the trademarks it claims to have rights to use, (iii) The business carried on by Advertiser does not violate or infringe upon any law or regulation and all registrations required for carrying on business have been procured by it, and (iv) All information provided to Ybrant Reach is and shall at all times be accurate and complete.

12) DISCLAIMER AND LIMITATION OF LIABILITY:

To the fullest extent permitted by law Ybrant Reach disclaims all warranties, express or implied, including without limitation for non-infringement, merchantability, satisfactory quality and fitness for purpose. To the fullest extent permitted by law, Ybrant Reach disclaims all guarantees regarding accurate positioning of the listing in relation to the ratings. Advertiser understands that there may be errors in the same. Neither party will be liable for any consequential, special, indirect, exemplary, or punitive damages (including without limitation loss of profits, revenue, interest, goodwill,) whether in contract, tort (including negligence) or any other legal theory, even if advised of the possibility of such damages and not withstanding any failure of essential purpose of any remedy; Each party’s aggregate liability to the other is limited to amounts paid or payable to Ybrant Reach by Advertiser for the preceding twelve months from the date of the claim.

13) TERMINATION :

a) If Ybrant Reach of Advertiser ("Defaulting Party") commits a breach of duty owned to the other party ("Other Party") the Other Party may call upon the Defaulting Party of rectify the breach within twenty-one days of the receipt of notice failing which Other Party may terminate the relationship between Advertiser and Ybrant Reach by a further notice to the Defaulting Party.
b) Termination of the relationship shall also not prevent Ybrant Reach from listing the Advertiser as a vendor and disseminating Information to Users.
c) Upon termination of this Agreement, either by efflux of time or by determination under this Clause 14, the Deposit placed by the Advertiser (as reduced by the Leads or period of listing) shall be retained by Ybrant Reach towards the services rendered to the Advertiser. If there is a disagreement over any new policy introduced by Ybrant Reach Private Limited, advertiser may choose to cancel the listing by informing Ybrant Reach in written. Under no circumstances (Other than clause 13 d), Advertiser shall be entitled to claim a refund of amounts paid to Ybrant Reach.
d) A advertiser may choose to cancel the services by informing in written, within 14 days from date of receipt/invoice. Only in this case the amount paid will be returned by a cheque to the advertiser.

14) NOTICES :

Notices shall be sent by email or facsimile to the facsimile number / email addressed notified by Ybrant Reach / Advertiser from time to time and shall be followed by notice by registered post / reputed courier.

15) MODIFICATIONS TO TERMS OF SERVICE :

Ybrant Reach reserves the right to change these Terms or policies relating to the Services at any time without prior notice to Advertiser.

16) TAXES :

Ybrant Reach Shall Charge the Advertiser for all the taxes and charges (now in force or enacted in future that are imposed on the said services and listing fees arising out of Advertiser’s relationship with Ybrant Reach and Advertiser hereby agrees that they shall pay the said taxes and charges promptly without raising any objections. Advertiser also agrees that the said taxes and charges is not charged by Ybrant Reach the same shall be paid by the advertiser without raising any objection.

17) GENERAL :

(a) Ybrant Reach opinion on all issues pertaining to the interpretation of these Terms shall be final and binding on Advertiser.
(b) The relationship between Ybrant Reach and Advertiser is governed by the laws of India and exclusive jurisdiction on the courts in Hyderabad.
(c) Advertiser agrees that no joint venture, partnership, employment, or agency exists between Advertiser and Ybrant Reach.
(d) Ybrant Reach is subject to existing laws and legal process and nothing contained in these Terms is in derogation of Ybrant Reach’s right and obligation to comply with the Law or governmental, court and requests of enforcement agencies.
(e) If any part of these Terms are held to be invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the right or obligation against Advertiser upon notice to Advertiser. Upon such assignment, the assignee shall be bound by these Terms in the same manner as Ybrant Reach and Ybrant Reach shall cease to have any liability to Advertiser.
(f) Ybrant Reach will not be responsible for any delay or deficiency due to any force majeure events such natural disasters, acts of terrorism, civil labour strife, labour and transportation strikes.
(g) Nothing in these Terms obliges Ybrant Reach to provide any credit to Advertiser.

18) ARBITRATION :

All disputes, differences and / or claims arising out of this Terms of Services shall be settled by Arbitration in accordance with the provisions of Arbitration and Conciliation Act, 1996 or any statutory amendment thereof. The Dispute shall be referred to the Sole Arbitrator who shall be appointed by the Authorized person / Director of Ybrant Reach. The Arbitration proceedings shall be held award on the ground that the nomination is made by Authorised Person / Director of Ybrant Reach. The Arbitration Proceedings shall be held at Hyderabad and the Arbitration shall be conducted in English Language. The award of the Arbitration shall be final and binding on the Advertiser and Ybrant Reach.

Privacy Policy

PLEASE NOTE: OUR PRIVACY POLICY CHANGES FROM TIME TO TIME. PLEASE CHECK BACK FREQUENTLY FOR UPDATES. Updates can be found at http://www.yreach.com/

This Privacy Policy outlines the information gathering, use and dissemination practices for Ybrant Reach. From time to time, we may update or modify our Privacy Policy. The Privacy Policy, as modified, will govern our information gathering, use and dissemination practices. Modifications will apply to information acquired by Ybrant Reach either before or after the time of such modification. If at any time you do not want your information used in the manner described in the then current Privacy Policy, you should inform us by sending an email to

How this Privacy Policy applies to you.

Ybrant Reach is a direct marketer that delivers targeted messages to its users. You are a member of the Ybrant Reach community (a "Member") and this policy governs how we gather, use and disseminate information about you if one of the following applies:

You have requested or agreed to receive e-mails and information by providing us with your e-mail address and/or other information; You have requested or agreed to receive e-mails and information from one or more of our Partners; or You have received an e-mail from us notifying you that Ybrant Reach has received your e-mail address and/or other information from a permission based third party and you have not unsubscribed or opted out of the Ybrant Reach service in the manner described in the e-mail.

As a Member, we will provide you with e-mail from Ybrant Reach and/or its advertisers, affiliates, third party marketers, merchants, and strategic alliance partners (Partners) regarding new releases, entertainment, prizes, surveys, products and special offers. If you do not want your information used in the manner permitted by this Privacy Policy, you may choose at any time to not be contacted or have your information shared by canceling your Ybrant Reach membership. This is accomplished by sending an e-mail with your request to webmaster@yreach.com, or by unsubscribing to a Ybrant Reach e-mail by following the instructions contained at the end of each e-mail. In order for you to remove your information from our Partners' databases, you may need to contact the Partner directly.

Information For Children.

We do not provide services to children, nor is this Web site directed towards children. If you are under 18, you may not subscribe to Ybrant Reach services. Moreover, we will never knowingly collect any personal information about children under the age of 13. If we obtain actual knowledge that we have collected personal information about a child under the age of 13, that information will be immediately deleted from our database. Because we do not collect such information, we have no such information to use or to disclose to third parties. We have designed this policy in order to comply with the Children's Online Privacy Protection Act (COPPA).

What information may Ybrant Reach collect from you?

Ybrant Reach may gather personally identifiable information about Members/users (such as name, postal address, e-mail address, gender, date of birth, interests, other demographic information). This information may be gathered any time such information is included in any form of communication with us, or in any interaction with Ybrant Reach.

How does Ybrant Reach and its Partners use your information?

Ybrant Reach AND ITS PARTNERS MAY USE YOUR INDIVIDUAL INFORMATION FOR ANY LEGALLY PERMISSIBLE PURPOSE AS DETERMINED IN OUR SOLE DISCRETION. Without limiting the foregoing, we may share or sell your personally identifiable information with our Partners for their direct and online marketing purposes. Though we are selective as to whom we partner with and endeavor to work with partners with similar policies and practices, we do not control the policies and practices of our Partners, and it is possible that they will use your personal information in a manner which is inconsistent with this privacy policy, and they may not provide the opportunity to opt-out or unsubscribe from their service.

In addition, we may release your information to a third party in the event that: we believe that the membership is being or has been used to commit unlawful acts; we are required to disclose the information pursuant to a subpoena, court order or administrative order; some or all of our operations, stock or assets are sold or otherwise transferred; or we otherwise deem such release necessary or appropriate.

We may enhance or merge your personally identifiable information with data collected from other sources to use in direct or online marketing, including the data services described by Ybrant Reach. All information provided to us by a Member may be used to support our marketing and data services businesses and those of our Partners. These services include the provision of and use of personally identifiable data to marketing companies, advertising agencies, data compilers, data companies, and, to the extent permitted by law, individual reference and look-up service programs. We may use your information to provide services for others in the nature of direct marketing applications, including lookup and reference, data enhancement, suppression and validation.

We send e-mail to individuals who have agreed to receive e-mail from us or to individuals who have agreed to receive e mail from third parties. As a result, laws requiring particular information or certain formatting for unsolicited commercial e-mail are not applicable to our messages.

NOTWITHSTANDING ANY OTHER PROVISION OF THIS POLICY, WE MAY SELL OR TRANSFER YOUR INDIVIDUAL INFORMATION TO THIRD PARTIES FOR ANY PURPOSE IN OUR SOLE DISCRETION.

How does Ybrant Reach protect your personal information?

All advertiser data is maintained on our website http://www.yreach.com/. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Ybrant Reach does not use security encryption measures. Therefore, information that you disclose by use of this Ybrant Reach (as with any site that is non-secure), by posting a message or using e-mail, potentially could be collected and used by others. This may result in unsolicited messages from third parties or use of such information by third parties for their own purposes, legal or illegal. As a result, Ybrant Reach cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. Moreover, because of the global nature of the Internet, when you give us information, that information may be sent electronically to servers outside of the country where you originally entered the information.

What else do you need to know about your privacy and this policy?

The web pages at http://www.yreach.com/ and some of the e-mail sent by Ybrant Reach contain links to external sites beyond our control. Ybrant Reach can not represent or guarantee that such sites or companies have privacy policies similar to our own. Please review the privacy statement of any site/company linked from Ybrant Reach prior to providing such site/company with your information.

Any dispute relating in any way to your visit to or use of the Web site, your use of our services, or to our handling, use or disclosure of your information, shall be submitted to confidential arbitration in Hyderabad India. However, if we believe you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any appropriate court. You consent to jurisdiction and venue in such courts located in Hyderabad India. Any arbitration under this agreement shall be conducted under the prevailing rules of the Indian Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration with respect to Ybrant Reach shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise. 
WE RESERVE THE RIGHT TO UPDATE THIS POLICY FROM TIME TO TIME, SO YOU SHOULD REVIEW THIS POLICY FREQUENTLY.

If you have any questions regarding the policies of Ybrant Reach or your dealings with Ybrant Reach, please send e-mail to webmaster@yreach.com

YRreach sms Terms and Conditions

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. We maintain this web site as a service to our Users, and by using our site you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from this site.

PLEASE NOTE: YOU MUST BE AN INDIAN RESIDENT WITH AN ACTIVE MOBILE PHONE CONECTION IN ORDER TO PARTICIPATE ON OUR WEB SITE.
The following are the Terms and Conditions of this Agreement for the use of Free SMS services offered by YReach to the User ("User" or "Users"). Any User availing the Products and/or Services and/or any part thereof shall invariably be bound by these Terms and Conditions.

Any user can send at the most 100 messages per day.
Any user can send only 10 messages to the same recipient per day
IMPORTANT
The Free SMS Product Services offered under http://www.yreach.com/ are provided by YReach.

In accordance to the Information Technology Act, 2000 (Government of India), Telecom Regulatory Authority of India (TRAI) Act 1997 & 2000, Telecom Tariff Order 1999 (Forty Fifth Amendment 2007) and the common law of contract, these Terms and Conditions are valid, binding and enforceable for all persons that access the YReach website, the web pages or any part thereof. Hence, if you do not agree to be bound over by these Terms and Conditions, then you may not use the YReach website. The reasonable use of the YReach website shall automatically bind the Users to this agreement.

It is important to understand that YReach offers free SMS services to its Users so that they can send personal SMS messages to their known persons. It is vital to realize that communication should be between known persons. You may not use the YReach products and/or services to sell a product or service, or to increase traffic to your business for commercial reasons, such as advertising sales.

During the registration process, the User has to provide his/her mobile number that acts as User's identity while using YReach products and/or services. By registering on YReach website, user explicitly agrees to update YReach whenever there is a change in the status of his/her mobile number.

Delivering contextual advertisements and related links is the key to provide our Users this free service. A standard SMS can be up to 158 characters. Users get this free SMS text messaging service in exchange for opting in to have targeted ads appended to their messages.

YReach PRODUCTS AND/OR SERVICES

The Products and/or Services offered on YReach website consist of sending free SMS up to 158 characters. The Products and/or Services consist of an Internet browser interface, WAP interface, J2ME application, data encryption, data transmission, data access, data storage and, if applicable, synchronisation software and/or application programming interface access.

The Users shall be held responsible for obtaining and maintaining all computer hardware, software and communications equipment that are needed to access the Products and/or Services, and for paying all the chargeable access charges (e.g., ISP, telecommunications) that are incurred while using the Products and/or Services.

To access and use YReach Products and/or Services, Users need to have a YReach Account ("account"). For this account, the User needs to complete a simple one-time registration process by providing all current, complete and accurate information as prompted by the Registration Form. Entering inaccurate details might result in suspension or blockage of the account. The User has to choose his/her unique "username" (not less than 4 to 8 characters). YReach shall send out a "password" to the mobile number of the User as entered during the registration process. The User can then access the YReach website using the combination of his/her "username" and "password".

Account Tied to Mobile Number - The account you are opening by accepting this Agreement is tied to the mobile phone number you enter during the registration process. You explicitly agree to update YReach whenever there is a change in the status of your mobile number.
The Users shall be entirely responsible for maintaining the confidentiality regarding their password and account information. The user shall understand their account with YReach website is as confidential as their own mobile phone. In addition, the Users shall be entirely responsible for any and all activities that occur under their accounts. YReach shall not be held liable to any third party claims and/or actions taken with respect to the Products and/or Services being offered. The Users agree to notify YReach immediately regarding any unauthorized use of their accounts or of any other breach of security.

YReach finds no activity in any User's account for more than 30 days, YReach, in its sole discretion, might terminate/suspend such User's account, without any prior notification.

Charges - The YReach products and/or services include features without charges from YReach. But, your mobile phone operator may charge you for usage. The User is liable for any mobile phone charges incurred (usage, subscription, etc) as a result of using any of YReach services. Please consult your mobile phone operator's pricing plan to determine the charges for sending and receiving SMS text messages, WAP push, GPRS connectivity etc.
YReach shall make no guarantees for the uninterrupted and continuous availability of the Products and/or Services or of any specific feature(s) of the Products and/or Services. The Products and/or Services are AS IS and are subject to the disclaimers of warranty and the limitations of liability as found in this agreement and which are subject to testing by the Users before entering into this agreement.

YReach reserves the right to change or terminate the Products and/or the Services and/ or alter the Terms and Conditions of this Agreement at any time with/without notice and/or with immediate effect.

USER PRIVACY

YReach respects the privacy of its Users and assures that it shall not monitor, edit, or disclose any personal information about the Users or about the User's YReach account, which includes all of its contents, without the User's prior permission. However, this will not apply if YReach has to:

Conform to the statutory and/or legal requirements or comply with the legal process;
Protect and defend the rights or property of YReach;
Enforce this Agreement or protect YReach business or reputation, including without limitation, upon termination, cancellation or suspension of this Agreement by YReach;
Respond to the request for identification in connection with the claim of copyright or trademark infringement by the Users or to a claim by a third party that the User is using the Products and/or Services in connection with an infringement, illegal or improper activity; or
Act to protect the interests of the Users or any others in general

Submissions - We welcome your comments and suggestions regarding the web site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent by you to YReach shall be and remain the exclusive property of YReach. Your submission of any such Comments shall constitute an assignment to YReach of all worldwide right, title and interest in all copyrights and other intellectual property rights in the Comments. YReach will be entitled to use,
reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. You agree not to submit any Comments that may be submitted in violation of law or any agreement or obligation to keep the content of such Comments confidential. YReach expressly disclaims any interest in any Comments that you are not authorized to submit. Of course, any information you submit which personally identifies you will be subject to our Privacy Policy.
Though the sender name shall be displayed as YReach.com (or YReach's mobile number in case of CDMA subscribers), User's mobile number, as recorded in his/her profile, shall be appended at the start of his/her personal message, or wherever appropriate. This is done purely to let the receiver know from whom he/she is receiving the message from.

The User agrees that YReach can access his/her account, including the message content, as stated above or respond to product specific queries or technical issues.

The User hereby permits YReach to send him/her communication via email and/or SMS of any updates, upgrades, notices, or any other information that YReach deems important for the Users to know, relating to the Products and/or Services.

Also, YReach might send certain appropriate and/or contextual promotional messages to its Users, based on the User demographics, traffic usage etc.

USER OBLIGATIONS AND DUTIES

YReach expressly prohibits any commercial use of YReach products and/or services. The User gives irrevocable agreement to abide by all the applicable local, national and international laws and regulations and is solely responsible for all acts or omissions (that occur under his/her account or password), including responsibility for the content of any transmissions through YReach products and/or services.

The Users acknowledge that YReach and its licensors retain ownership of all the propriety applications, software, intellectual property "IP" (Intellectual Property) and any portions or copies thereof in relation to them, and all rights therein.

YReach provides by way of example, and not as a limitation, the stipulation that the Users agree not to, directly or indirectly:

Create a false identity or forged email or mobile phone number or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
Reverse engineer, de-compile, disassemble or otherwise make any attempt to establish the source code or the underlying ideas or algorithms of the Products and/or Services;
Modify, translate, or create distinctive and derivative works based on the Products and/or Services;
Use the Services in any way connected to any chain letters, junk SMS text messages, spam or any unsolicited messages (commercial or otherwise);
Harvest or otherwise collect, information about other Users, including email addresses, without obtaining their consent;
Transmit any unlawful, harassing, libellous, or abusive, threatening, and harmful, or vulgar, obscene or otherwise any objectionable material of any kind or nature;
Transmit any material that is an infringement of the intellectual property rights or other rights of third parties, which will include any trademark, copyright or right of publicity;
Defames or slanders any person, or try to infringe upon any person's privacy rights;
Transmit any material that may contain any viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs;
Interfere with or disrupt the networks connected to YReach or violate the regulations, policies or procedures of such networks;
Attempt to gain unauthorized access to the Products and/or Services or to other accounts (through password mining or other means), computer systems or networks connected to YReach;
Interfere with another User's peaceful use and enjoyment of the Products and/or Services; or
Engage in any other activity that YReach could believe may subject it to criminal liability or civil penalty or judgment
You agree to not use the Products and/or Services to:

Upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
Harm minors in any way
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service
"Stalk" or otherwise harass another

LIMITATIONS OF YReach PRODUCTS AND/OR SERVICES

SMS Messages will be considered as delivered when YReach has delivered, or sent the messages to the immediate destination that YReach Core Messaging Platform has been programmed to do, which include SMPP/SMTP servers, or Mobile Telephone Networks. In addition, any other intermediary server or API is also deemed to be the point of dispatch of the message. YReach does not extend guarantee of delivery on behalf of the Mobile Telephone Networks or Servers, as delivery (or failure to deliver) to the intended receiver/handset/device is outside of the control of YReach.

Although YReach makes all efforts to ensure delivery and prides itself on speedy delivery of messages, messages may be delivered late as a result of queuing or network congestion/traffic.

YReach lays no claim to its network coverage. Although YReach focuses on giving extensive coverage aggregation services, the mobile networks may choose from time to time to not be a part of YReach or of its Service Providers' Networks. This may lead to messages not being delivered to those particular networks. At any point in time, there can be networks that YReach is unable to deliver to.

Though the sender name shall be displayed as YReach.com (or YReach's mobile number in case of CDMA subscribers), User's mobile number, as recorded in his/her profile, shall be appended at the start of his/her personal message, or wherever appropriate. It is the User's responsibility to provide correct mobile number when registering with YReach website.

YReach assumes no responsibility for the deletion or failure to store information. Currently, YReach has set an upper limit on the number of messages an User may send; however, in the future, with/without prior notification, YReach may increase or reduce the number of SMS messages able to be sent by a user and the amount of storage space available to each User.

YReach reserves the right to block the transmission and receipt of an SMS message if an advertising sponsor does not exist in the destination region or an intended recipient has requested that all YReach messages be blocked from delivery to their mobile phone (Private Do Not SMS Registry).

YReach reserves the right to block messages from being send across its network that are the subject of end receiver's complaint or messages that YReach considers to be unlawful, harassing, libellous, abusive, threatening, and harmful, vulgar, obscene or otherwise objectionable.

TERMINATION, CANCELLATION AND/OR SUSPENSION OF USER ACCOUNT

YReach continually makes efforts to improve its existing Products and/or Services, apart from adding new ones, resulting in frequent updates or modifications. Such changes often dictate that we simultaneously modify our Terms and Conditions. Hence, YReach shall have the right to modify any or all the terms of this Agreement and to change or drop any aspect or feature of the YReach Products and/or Services, as it deems reasonably necessary. Such changes shall be effective immediately upon posting of such addition, change or deletion. Any use by the Users of the Products and/or Services after any such change has been posted, shall be construed as the acceptance of the change. If the User is not agreeable to any such change, the relevant Product and/or Services or the User account, may be canceled in accordance with the procedures for cancellation set forth in this Agreement. The Users acknowledge their responsibility to read and review this Agreement from time to time and also to be aware of any such changes.

The User has the right and is free to terminate or cancel this Agreement and his/her YReach account at any time and for any reason.

YReach can terminate, cancel and/or suspend this Agreement and/or the User account any time if, in YReach's sole discretion, the User has breached the Terms of this Agreement. Such termination, cancellation and/or suspension by YReach shall come into effect immediately after giving notice by YReach to the Users in any reasonable manner, including but not limited to, notification by email and/or SMS. In addition, YReach has the right to recover any and all damages from the Users arising from or relating to the event(s) giving rise to the suspension, termination or cancellation.

YReach reserves the right to suspend the User's account at any stage for any reason that it may deem necessary in order to continue to provide any of its Products and or Services in a way that may be hindered by the User's status as being a YReach User, or the content of the messages originating from the User.

In the event that YReach has cause to receive complaints from recipients or third parties with respect to the use of the Products and/or Services, YReach additionally reserves the right, in its sole discretion, to disclose any and all information to the recipient, applicable authorities or any other related party with regard to its Users.

Upon the termination, cancellation and/or suspension of this Agreement, the Users remains responsible for any obligations that have been accrued including, but not limited to, payment of any costs or charges, including legal obligation that may be arising in connection with such termination, cancellation and/or suspension, and payment of all outstanding transaction fees for use prior to said termination, cancellation and/or suspension occurs. Upon termination and/or cancellation, for any reason, the User agrees to immediately cease using YReach Products and/or Services and removes all the YReach software and applications on any computer, database, and server (local or remote) in its possession or under its control. YReach shall have no obligation whatsoever to the User after the termination or cancellation of this Agreement.

WARRANTIES AND LIABILITIES

While it is to be understood that YReach shall make all efforts to ensure that the Products and/or Services are reasonably available, through the required access protocols, and shall endeavour to maintain connections to as many Aggregators, Gateways and Carriers as are, in its discretion, commercially viable, the User acknowledges that YReach/SMSCountry cannot guarantee the availability of the Products and/or Services at all times and all locations. The User expressly acknowledges and agrees that the use of the Products and/or Services is generally at its own risk and that YReach Products and/or Services are being provided "AS IS" and "AS AVAILABLE" without any warranties or conditions whatsoever, express or implied.

YReach does not make any warranties or representations that the YReach website shall be available at all times. Users acknowledge that the YReach website may be unavailable due to updates or other causes beyond the reasonable control of YReach, including, but not limited to virus infection, unauthorized access (hacking), power failure or other "acts of God".

Though YReach shall take all reasonable caution about the quality and accuracy of content available from the YReach website, YReach does not make any warranties or representation that the content available shall in all cases be true, correct or free from any errors. The information, ideas and opinions expressed on the YReach website should not be regarded as professional advice or the official opinion of YReach, and Users are strongly encouraged to consult professionals before taking on any course of action that is related to the information, ideas or opinions expressed on the YReach website.

YReach shall take all reasonable steps to secure the content of the YReach website and to secure the information provided by and collected from Users to prevent unauthorized access and/or disclosure. However, YReach does not make any warranty or representation that the said content shall be 100% safe or secure.

YReach is under no legal duty to encrypt any of the content or communications from and to Users and is also under no legal duty to provide the digital authentication of any pages on the YReach website.

Hyperlinks to the YReach website from any other source shall be directed to the home page of the YReach website. Links beyond the YReach home page may only be used with YReach's prior written consent and permission. Persons that wish to link to pages beyond the home page of the YReach website without YReach's prior written consent shall do so at their own risk and indemnify YReach against any loss, liability or damage that may result from the use of such hyperlinks.

YReach may provide hyperlinks to websites not controlled by YReach and such hyperlinks do not imply any endorsement, agreement on or support of the content, products and/or services of such websites. YReach does not editorially control the content, products and/or services on such websites and shall not be liable, in any manner whatsoever, for the access to, or the inability to access, or the use, inability to use or content available on or through such websites.

YReach (which also includes its owners, employees, suppliers, internet services providers, partners, licensors, affiliates and agents) shall not be held liable for any damage, loss or liability of any nature incurred by whomever and resulting from use of YReach Products and/or Services, the YReach website, websites linked to the YReach website, any content available on the YReach website, any downloads from the YReach website, and/or any other reason which is not directly related to YReach's gross negligence.

YReach (which also includes its owners, employees, suppliers, services providers, partners, licensors, affiliates and agents) shall in no event be held liable to the Users or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by the failures, delays or interruptions of the Products and/or Services generally, and any aspect ancillary thereto; the User agrees to indemnify YReach for any and all third party claims arising from any such or of the failures, delays or interruptions in connection with regard to use of the Products and/or Services.

Without in any way limiting the foregoing, YReach shall in no event have (in the aggregate) any monetary liability whatsoever in connection with this Agreement.

The YReach Products and/or Services are not fault-tolerant and are not designed, manufactured or intended for use or resale as online control equipment in hazardous environments requiring fail-safe performance, including but not limited to use in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of YReach could lead directly to death, personal injury, or to severe physical or environmental damage ("high risk activities"). In addition to all the other disclaimers and limitations contained within this Agreement, YReach and its affiliates, agents, content providers, services providers and licensors specifically disclaim any express or implied warranty of fitness for high risk activities which may also include emergency notification services.

INDEMNIFICATION

The User agrees to indemnify, hold harmless, and defend YReach and its affiliates, agents, content providers, services providers, partners and licensors against any and all claims, liabilities, damages, all costs and expenses (including, but not limited to consequential damages, incidental damages, special damages, attorneys' fees and disbursements) arising from or relating to -

The use of the Products and/or Services in any manner which violates the terms of this Agreement or otherwise violates any law, rule, or regulation and
Any claims made by third parties arising from issues related to any failure, delay or interruption of the Products and/or Services.
The User agrees to cooperate as fully as reasonably required in the defence of any claim. YReach reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User.

MISCELLANEOUS

The failure of either YReach or the User to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise continue to remain in full force and effect and is enforceable.

this Agreement, any reference to the singular includes the plural and vice versa, any reference to natural persons includes legal persons and vice versa and any reference to one gender includes the other genders.

This Agreement shall be governed by and construed and interpreted in accordance with the laws of the Union of India. The English language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.

No agency, partnership, joint venture, or employment is said to be created as a result of this Agreement and the User does not have any authority of any kind to bind YReach in any respect whatsoever. In any action proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover all the costs and attorneys' fees.

All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery services; and upon receipt, if sent by certified or registered mail, return receipt requested.

These Terms and Conditions constitute the whole agreement between YReach and the User and neither party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.