Terms and Conditions

1. Introduction

1.1 Yellow Tree is a partnership firm registered under the laws of India, having its office at E-203, New Rajinder Nagar, New Delhi 110060, India, [hereinafter referred to as “Yellow Tree”].

1.2 Yellow Tree operates and manages the platform through the mobile application “Raksham” [hereinafter referred to as “Raksham” or “the Application”], which provides the following services [collectively referred to as the "Services"]:

1. Animal Rescue Coordination – Connecting users who report injured or abandoned animals with registered rescuers, feeders, ambulance drivers, and NGOs.
2. Veterinary Assistance Information – Providing resources and verified information on emergency veterinary care, first aid, and welfare practices.
3. Educational Resources – Offering guidelines and materials on animal care, legal rights, and best practices for handling distressed animals.

1.3 Raksham is accessible via its official website at www.raksham.co and through its mobile application available on the Apple App Store and Google Play Store.

1.4 Your use of the Application, the website and its Services is governed by these Terms of Service [hereinafter referred to as “User Agreement”]. By downloading, accessing, or using Raksham via the Apple App Store, Google Play Store, or www.raksham.co, you agree to comply with this User Agreement. If you do not agree to these terms, you are kindly advised to refrain from using the Application or accessing the website.

2. Legally Binding Agreement

2.1 By accepting this User Agreement, either through clicking ‘proceed’ or clicking a box indicating acceptance on the website or Application you represent and warrant that you have read, understood, and agree to be bound by this User Agreement executed between you and Yellow Tree.

3. Eligibility

3.1 Usage of the Services is available only to persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 including minors are not eligible to use the Services, website or Application.

3.2 If you are a minor i.e. under the age of eighteen [18] years, you should not use the Services or access or transact on the website or Application in any manner whatsoever.

4. Ownership of Website, Content and Trademarks

4.1 Unless otherwise agreed in writing, all materials on the website and Application, including text, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, audio clips, sounds, music, artwork, computer code, software and other materials, and the copyrights, trademarks, trade names, service marks, logos, trade dress and/or other intellectual property rights in such materials [collectively, the “Content”], are owned, controlled and/or licensed by Yellow Tree, its associated entities or its licensors.

4.2 No right, title or interest in any downloaded or copied Content is transferred to you as a result of any downloading or copying of the Content.

4.3 You shall not, either yourself or assist any person to, reproduce, publish, upload, transmit, encode, distribute, mirror, display, perform, alter, modify, create derivative works from, sell or exploit or otherwise use any of the Content or the website or Application in connection with any public, business or commercial purpose. Any such use shall be deemed to be a violation of our intellectual property and proprietary rights. Any use for which you receive any remuneration, whether monetary or otherwise, shall be considered commercial use for the purposes of this clause.

4.4 Certain trademarks, trade names, service marks and logos used or displayed on the website and mobile application are registered and unregistered trademarks, trade names and service marks of Yellow Tree. Other trademarks, trade names and service marks used or displayed on the website and mobile application are the registered and unregistered trademarks, trade names and service marks of third parties. Nothing contained on the website and Application grants or should be construed as granting, by implication, estoppels, or otherwise, any license or right to you to use any such trademarks, trade names, service marks or logos displayed on such website and Application. Any use of such materials without the express written permission from Yellow Tree is strictly prohibited.

5. Use of Yellow Tree's Website and Application

5.1 You accept, agree, and confirm that you will:

a. you shall use the Services only as permitted under this User Agreement and only in a manner consistent with all applicable laws, rules and regulations, and generally accepted practices or guidelines in relevant jurisdictions, including any laws governing the export of data to or from your country of residence.

b. you shall not use any “deep-link”, “robot”, “page-scrape”, “spider”, or other automatic or manual device or process, software, program, code, algorithm or methodology, to access, acquire, copy or monitor any portion of the website, Application or Content, or in any way reproduce or circumvent the navigational structure or presentation of the website, Application or Content, or obtain or attempt to obtain any materials, documents or information through any means not purposely made available by Yellow Tree through the website or Application. We reserve the right to take measures to prevent any such activity.

c. you shall not gain or attempt to gain unauthorized access to any portion or feature of the website or Application, or any other systems or networks connected to the website or Application, or to any of the Services offered on or through the website or Application, by hacking, “password-mining” or using any other illegitimate method of accessing data.

d. you shall not probe, scan or test the vulnerability of the website or Application or any network connected to the website or Application, nor breach the security or authentication measures on the website or Application or any network connected to the website or Application.

e. you shall not take any action that would cause an unreasonably or disproportionately large load on the infrastructure of the website or Application or the systems or networks, or any systems or networks connected to the website or Application or to Yellow Tree in an attempt to overwhelm the systems to create a “Denial of Service” or similar attack/intent to alter or cause infringement to the standard UI. You also agree that the rights to make any alterations/modifications etc. rests with Yellow Tree.

f. you shall not use any device, technology, software, routine or method to interfere or attempt to interfere with the proper functioning or features of the website or Application or any transaction occurring on the website or Application, or with any other person’s use of the website or Application.

g. you shall not use the website or Application or any Content for any purpose that is unlawful or prohibited under this User Agreement.

h. you shall at all times ensure full compliance with the applicable provisions of the Indian Information Technology Act, 2000 and Rules there under as applicable and as amended from time to time and also all other applicable laws, rules and regulations.

5.2 By using the website or mobile application to send emails or other data, information or communication to Yellow Tree, you agree and understand that you are communicating with Yellow Tree through electronic records and that you consent to receive communications via electronic records from Yellow Tree periodically and as and when required. Yellow Tree may communicate with you by email or by any other mode of communication, electronic or otherwise.

5.3 You must not do any of the following when using the website or Application:

• use it for any commercial purposes;
• create accounts using fake, fraudulent or otherwise false means; and
• transfer or otherwise assign login details of your account without our express prior written consent.

6. Use of Yellow Tree's Services:

6.1 Users can report an animal in distress through the Application, which will then attempt to match the request with available rescuers, NGOs, or ambulance services. While Yellow Tree facilitates these connections, it does not guarantee immediate assistance and is not responsible for delays or unsuccessful rescue attempts.

6.2 Information provided under Veterinary Assistance Information is sourced from verified professionals. However, Yellow Tree does not provide direct medical advice and is not liable for any outcomes resulting from the use of such information.

6.3 Users may access educational resources freely via the Application. Any legal information provided is for informational purposes only and does not constitute legal advice.

6.4 Users shall not misuse the Services by submitting false reports, harassing rescuers, or spreading misinformation. Yellow Tree reserves the right to suspend or terminate access to the Application for users found engaging in such misconduct.

6.5 Yellow Tree does not charge users for accessing the Application or its core services. However, third-party rescuers, veterinarians, or NGOs may levy their own fees for specific services, which are not under Yellow Tree's control.

6.6 The availability of Services may be affected by unforeseen circumstances, including but not limited to extreme weather, network issues, or operational constraints. Yellow Tree shall not be held liable for service disruptions arising due to such factors.

6.7 By using the Services, you acknowledge and agree that Yellow Tree acts solely as a facilitator and does not assume liability for third-party actions, medical outcomes, or rescue success rates.

7. Your Obligations

7.1 You shall use all reasonable endeavours to provide all the necessary information to Yellow Tree in order to ensure the efficiency of the Services. This includes but is not limited to, the following information:

• Name
• Contact Details
• Location of the animal in distress
• Photographs or descriptions for identification
• Any relevant medical or behavioural history if available

7.2 You shall be responsible for ensuring that the information provided is accurate and updated. Yellow Tree shall not be held liable for any consequences arising from inaccurate or misleading information.

7.3 You authorise Yellow Tree to share the provided information with relevant third parties, including rescuers, veterinarians, or NGOs, to facilitate the requested Services.

7.4 You shall not misuse the Application by submitting false rescue reports, engaging in harassment, or spreading misinformation. Yellow Tree reserves the right to suspend or terminate access in such cases.

7.5 You agree that Yellow Tree is not liable for the actions of independent rescuers, veterinarians, or third-party service providers, including any delays, mishandling, or unforeseen incidents occurring during the rescue process.

7.6 You acknowledge that while Yellow Tree makes efforts to facilitate rescues, emergency assistance is subject to availability, and Yellow Tree does not guarantee the success or immediate response to any request

8. Accounts, Passwords and Security

8.1 In order to avail the Services, you are required to create an account on the website and Application.

8.2 Apart from the representations made in the Privacy Policy regarding our protection of your information, you are solely and entirely responsible for maintaining the confidentiality of your account information, including your Account ID and password, and for any and all activity that occurs on or under your account. If any of the information provided to Yellow Tree as part of the account opening or registration process changes, you must promptly change your account details online.

8.3 You must notify Yellow Tree immediately of any actual or potential unauthorized use of your account or password, or any other actual or potential breach of security. However, you are solely liable for the actions of, and any losses incurred by us or any third party due to, someone else using your Account ID, password or account.

8.4 You must not use anyone else’s Account ID, password or account at any time without the express permission and consent of the holder of that Account ID, password or account. Yellow Tree cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

9. Fees, Charges and Taxes

9.1 All charges displayed on the website or Application are in Indian Rupees [INR]. Where applicable, these charges are inclusive of Goods and Services Tax [GST], duties, and other levies unless stated otherwise.

9.2 Please note that charges may be subject to change due to revisions in taxation, government levies, or service pricing by third-party providers. Any such changes will be communicated to you through the user interface, email, or other electronic means. Once such communication is sent electronically, it shall be deemed to have been read and acknowledged by you.

10. Payment

10.1 Yellow Tree does not directly collect payments for any Services listed on the platform. All payments are processed through third-party payment gateways, as facilitated by the respective service providers. Users must review and agree to the payment terms set by these service providers before making any transactions.

10.2 Yellow Tree shall not be liable for any payment-related issues, including but not limited to:

• Lack of authorisation for a transaction.
• Exceeding transaction limits set by your bank.
• Technical errors, delays, or failures in payment processing.
• Rejected or declined transactions by the payment gateway.

10.3 Users are advised to exercise due caution when making payments and to reach out directly to the service provider or payment gateway for any disputes. Yellow Tree's role is limited to facilitating connections between users and service providers and does not extend to financial transactions.

11. Cancellation

11.1 Users may cancel any booking made through the Yellow Tree platform in accordance with the cancellation policies established by the respective service providers. Yellow Tree reserves the right, at its sole discretion, to reject, cancel, or terminate any booking, user account, or access to the platform if a user violates the terms of this User Agreement or applicable laws and policies. Yellow Tree shall not be liable for any losses or damages resulting from such cancellations, rejections, or terminations.

12. Termination

12.1 Yellow Tree may suspend or terminate your account and/or access to the Services at any time in accordance with this User Agreement, including for violations of our policies or applicable laws. As Yellow Tree is a platform and does not directly charge any fees, any refund-related matters shall be governed by the terms set by the respective service providers facilitating transactions.

13. Refund

13.1 Yellow Tree operates solely as a platform connecting users with service providers and does not directly charge any fees or provide services. Any payments made are between users and the respective service providers listed on the platform.

13.2 Refund requests will be subject to the cancellation and refund policies of the respective service provider. Yellow Tree does not process refunds directly. Users must contact the service provider from whom they have availed the service to request a refund.

13.3 Yellow Tree shall not be liable for any disputes related to payments, cancellations, or refunds. However, users may report any issues through the platform, and Yellow Tree may, at its sole discretion, assist in facilitating communication between users and service providers.

14. Third Party Links on Our Websites

14.1 Yellow Tree’s website or mobile application may contain links to other websites and applications that are not owned, operated, or controlled by Yellow Tree. All such links are provided solely as a convenience to you. If you use these links, you will leave the website or Application and Yellow Tree cannot be responsible for any content, materials, information, or events that are present on or that occur on websites or mobile applications that are not owned, operated or controlled by Yellow Tree.

15. Change in Website, Mobile Application or Content

15.1 Yellow Tree reserves the right, in its sole discretion, to modify, suspend, or discontinue any of the Services offered through the website or Application, with reasonable notice where required. You agree that Yellow Tree shall not be liable to you or any third party for any such modifications, provided that any material changes affecting paid services will be communicated in advance where required by applicable laws or platform policies.

16. Disclaimers; Limitations on Liability; Indemnity

16.1 Yellow Tree provides its Services on an "as-is" and "as-available" basis, without warranties of any kind, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.

16.2 Yellow Tree does not guarantee the accuracy, reliability, or completeness of any information provided through the Application.

16.3 Yellow Tree is not responsible for any harm, injury, or loss resulting from the use of the Services or reliance on any information provided.

16.4 To the fullest extent permitted by law, Yellow Tree, its partners, employees, or affiliates shall not be liable for any direct, indirect, incidental, consequential, or special damages arising from the use or inability to use the Services.

16.5 Yellow Tree shall not be responsible for any third-party services or actions, including but not limited to rescuers, veterinarians, or NGOs.

16.6 Users acknowledge that they assume all risks associated with using the Application and Services.

16.7 Users agree to indemnify, defend, and hold harmless Yellow Tree, its partners, employees, and affiliates from any claims, liabilities, damages, losses, or expenses arising from:

• Their use or misuse of the Application and Services;
• Their violation of any applicable law, rules or regulations to which they are subject;
• Violation of any terms under this User Agreement;
• Infringement of any third-party rights.

20. Governing Law; Severability; Waiver; Dispute Resolution; Force Majeure; Assignment

20.1 You are responsible for ensuring compliance with all applicable local, state, and international laws, statutes, rules, and regulations, including minimum age requirements, related to the use of the Services, website, and mobile application.

20.2 This User Agreement shall be governed by and construed in accordance with the laws of India. Any disputes arising from or relating to the use of the Services, website, or Application shall be subject to the exclusive jurisdiction of the courts of New Delhi, India.

20.3 If any provision of this User Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be ineffective without affecting the validity of the remaining provisions of the User Agreement.

20.4 A failure by Yellow Tree to enforce any right or provision of this User Agreement shall not constitute a waiver of such right or provision. Yellow Tree's rights and remedies under this Agreement are cumulative and do not limit its ability to exercise any other available rights or remedies.

20.5 Any claim arising out of this User Agreement must be filed within one [1] year after the cause of action arises, or it will be permanently barred. You agree that your potential recovery is limited to the amount paid for the Services related to your claim.

20.6 In the event of a dispute, both parties shall make good-faith efforts to resolve it amicably within thirty [30] calendar days. If a resolution is not achieved, the matter shall be submitted to mediation. If mediation fails, the parties may pursue legal remedies as permitted under Indian law.

20.7 Yellow Tree shall not be held liable for delays or failures to perform its obligations due to circumstances beyond its reasonable control, including but not limited to natural disasters, war, pandemics, riots, terrorism, network failures, or third-party actions beyond its control. However, this does not excuse payment obligations.

20.8 You may not assign, delegate, or transfer your rights or obligations under this User Agreement. Yellow Tree reserves the right to assign or delegate its rights and obligations to any third party at its sole discretion.

21. Contact Us

21.1 If you have any questions or concerns about the User Agreement, please contact Yellow Tree at: purnima@raksham.co