Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the YummJoy Business Application (the “Service” or “Application”) operated by YummJoy Ventures Private Limited (“YummJoy”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, Registered Users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Service.
LICENSE TO USE THE SERVICES
Subject to your compliance with these Terms, YummJoy grants you a non-exclusive and non-transferable single user license to download and install one (1) copy of the Application to your mobile device, tablet and/or computer, or to access YummJoy’s web application through a URL, and to access and use the Services, solely for your own personal use. You may not: (i) copy, modify or distribute an Application for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Services to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the Services; (iv) make the functionality of the Services available to multiple users through any means; or (v) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
In order to access, use or receive certain Services, you may register and create an account and become a registered user (“Registered User”) by registering through the Application. When creating an account, you will be required to provide certain personal information about yourself and establish a username and a password. The Application will synchronize your details with your email address and phone number. Upon creating an account with YummJoy, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with the Service or a third-party service. You must notify YummJoy immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
YummJoy provides the Services through a technology based platform. The scope of Services provided by YummJoy includes the following:
FEES AND PAYMENT
YummJoy may charge subscription fees for the use of certain features or modules of our Services, which will be described in the Services and/or these Terms. Fees are subject to change at any time. You agree that we may collect fees from your credit card or other payment account as authorised by you for such Services and that you will pay all applicable fees assessed to your Account. Our fees do not include charges and rates charged by your mobile carrier, including for data and messaging plans that may be required to use the mobile features of the Services, and you are responsible for the payment of those charges and rates.
LINKS TO OTHER WEB SITES
The Application may contain links to third party web sites or services that are not owned or controlled by us. YummJoy has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that YummJoy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
YummJoy may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
You can terminate your account at any time by deactivating your account or by providing notice of termination to us. Consequently, the license to the Application shall terminate forthwith.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
REPRESENTATIONS AND WARRANTIES
You agree to defend, indemnify and hold harmless YummJoy and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, and/or b) a breach of these Terms, and/or c) your products/services sold using the Application, and/or d) any content posted by you in the web page powered by YummJoy, and/or e) your interaction with the buyer.
LIMITATION OF LIABILITY
In no event shall YummJoy, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, loss of data, use of the Application/Service, loss of goodwill, Service interruption, or other intangible losses. Further, YummJoy shall not be liable directly or indirectly for any loss or damage resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party used with respect to the Service; (iii) any content obtained from the Service; (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose; and (v) any bodily injury, death or disablement caused by the use of products sold or services provided by you or any third party.
In no event shall the total liability of YummJoy exceed INR 1000 (Rupees One Thousand Only) in connection with these Terms or use of the Application/Service.
The Services, Application and YummJoy’s brand name are protected by copyright, trademark, and other laws of India. Except as expressly provided in these Terms, YummJoy and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
If you choose to use the Application, you do so at your sole risk. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed and construed in accordance with the laws of India without regard to its conflict of law provisions. The Courts of Bangalore shall have exclusive jurisdiction with regard to any disputes between you and YummJoy.
YummJoy’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
YummJoy reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. You acknowledge that YummJoy will not be liable to you or any third party for such modifications, deletion or discontinuance of Application.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about the Terms, or about YummJoy Business in general, please contact us at firstname.lastname@example.org