YummJoy

Business App

Terms and Conditions

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.

 

ACCOUNTS

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.

 

SERVICES

YummJoy provides the Services through a technology based platform. The scope of Services provided by YummJoy includes the following:

  1. The Registered User may create their business store on the Application and sell a variety of products and/or services by listing them in the Application.
  1. The Registered User may opt to avail the free features or the paid features. The modules, facilities and offers available for free and paid features are made available to you in the home page (Dashboard) of the Application.
  1. The Registered User may create a catalogue for the products/services intended to be sold, using the options provided in the application. Upon creating a business store and/or catalogue, a link is generated through the application and the link may be copied and shared by the Registered User via text messages, websites or social media.
  1. A potential buyer may click on the shared link which will be redirected to a web page powered by YummJoy. The buyer shall contact the Registered User directly through a link enabled in the webpage and conduct the sale of the product. YummJoy shall under no circumstances promote, market or advertise the products/services listed or sold by the Registered User and shall not participate in the pricing and payment process either. YummJoy merely offers the Registered Users a platform to sell their products/services but the Application shall not in any manner be construed to be a marketplace for sale of products/services.
  1. The webpage powered by YummJoy shall contain a payment gateway. However, YummJoy will not in any manner participate in the payment process. Payment for the products/services shall be made by the buyer directly to the Registered User’s designated bank account. It is made clear that, YummJoy will not in any manner be liable or responsible for any payment related issues. The Registered User needs to directly contact the buyer or the payment gateway for such issues. The Registered User should mandatorily provide their details such as contact number, customer care number, relevant email ID to the buyers, for the buyers to contact the Registered Users in case they have issues with the product/services provided or any payment related issues or refund demands. YummJoy will not entertain any request, demands or claims from buyers and is not duty bound to forward the same to the Registered User.
  1. The products may be delivered by the Registered User to the buyer through Registered User’s own means or by using the third-party delivery application facilitated in YummJoy Business Application. YummJoy is not responsible for the packaging, delivery and handling of the products. In the event the buyer intends to return the products to the Registered User or requires refund, the buyer shall contact the Registered User directly and YummJoy shall not facilitate any communication between parties in this regard.
  1. YummJoy does not guarantee the quality, quantity, price or genuinity of the products/services listed or sold by Registered Users. YummJoy is not responsible for the compliances, certifications and licenses which Registered Users may be mandated to obtain.
  1. Registered User is solely responsible for all statutory compliances, registrations, licenses, certifications and other requirements which it is subject to under the applicable laws with respect to the products/services sold through the Application.

 

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.

 

TERMINATION

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

  1. You hereby represents and warrants that:
  1. you have full power and authority to enter into this Terms and perform its obligations hereunder;
  2. you are duly organized, validly existing and in good standing under the laws of the jurisdiction of your origin;
  3. you have not entered into and will not enter into, any terms that would prevent it from complying with or performing under this Terms;
  4. the content, media and other materials used or provided as part of this Terms shall not infringe or otherwise violate the intellectual property rights, rights of publicity or other proprietary rights of any third party;
  5. all the information provided through and in relation to the Application are valid, true and correct as on the date of acceptance of the Terms and shall remain valid, true and correct throughout the use of the Application by you;
  6. the products sold through the Application shall not contain any toxic, hazardous, restricted or banned substances which may potential harm the environment or health and safety of the public;
  7. the products/services sold by you through the Application are not restricted in any manner under the applicable law.
  8. the product sold through the Application conform to the expected quality standards and shall be as represented in the product description;
  9. it has all the required statutory certifications, registrations and licenses under applicable laws with respect to the products/services;
  1. YummJoy makes no representation or warranty as to the conduct of the users and Registered Users of the Application. Further, YummJoy makes no representations and excludes all warranties arising out of or pertaining to the products and/or services provided by the Registered Users, including their quality, pricing, accuracy of information, truthfulness, completeness or reliability.
  1. YummJoy its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or be available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

 

INDEMNIFICATION

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.

 

INTELLECTUAL PROPERTY

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.

 

DISCLAIMER

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.

 

WAIVER

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.

 

ENTIRE AGREEMENT

This Agreement together with the Privacy Policy and any other legal documents or notifications published by YummJoy on the Application shall constitute the entire agreement between you and YummJoy and shall govern your use of the Application, superseding any prior agreements between you and YummJoy. Except as expressly set forth in the Terms, the exercise of either party of any of their remedies under the Terms will be without prejudice to it’s other remedies under the Terms or otherwise.

 

CHANGES

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.

 

CONTACT US

If you have any questions about the Terms, or about YummJoy Business in general, please contact us at support@yummjoy.com

Close Bitnami banner
Bitnami