Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the YummJoy Home Food Application (“Application”) operated by YummJoy Ventures Private Limited (“YummJoy”). Through the Application, YummJoy provides services to its users (“Services”).
By installing, downloading or merely using the Application or accessing the Application through a URL, you shall be contracting with YummJoy and you signify your acceptance to these Terms and other policies as posted on the Application from time to time, which takes effect on the date on which you download, install or use the Application and create a legally binding arrangement to abide by the same. If you disagree with any part of the Terms then you do not have permission to use the Application and we request you to uninstall the Application.
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 merely using the Application or accessing the Application through a URL or download and install one (1) copy of the Application to your mobile device, tablet and/or computer, 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 Application to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the Application or Services; (iv) make the functionality of the Application available to multiple users through any means; or (v) use the Application and/or 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 buyer 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 to YummJoy 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, actions or inactions that occur under your account. You must notify YummJoy immediately upon becoming aware of any breach of security or unauthorized use of your account.
YummJoy provides the Services through the Application. The scope of Services provided by YummJoy includes the following:
- YummJoy enables transactions between you and Home Chefs dealing in sale of home cooked food including homemade mixes, powders, pickles and beverages. You may place orders from a variety of products cooked by home chefs, home kitchens and home catering services (“Home Chefs”).
- YummJoy does not directly handle any delivery of orders to you and such delivery of orders is carried out by Home Chefs. YummJoy merely enables integration of delivery service providers (“DSP”) through the Application which may be utilised by Home Chef’s to fulfil the delivery of orders, subject to the Home Chef allowing the option of “Delivery” on the Application. Such DSPs are not employees or agents of YummJoy but are independent service providers who operate on a non-exclusive basis to provide the aforementioned Services. Home Chefs may also use Chef’s own means of delivery support, if any, to fulfil the delivery of orders.
- For delivery services, there can be additional delivery charges in addition to the cost of the food order placed and such delivery charges may vary depending on the distance between the Home Chef’s locality and buyer delivery address, peak hours, etc.
- Upon placing an order, you accept that YummJoy shall not be responsible for the delivery service offered but may assist you in respect of order fulfilment, payments, customer support, etc. YummJoy shall not in any manner be liable for the action or inactions of the Delivery personnel. You also accept that Home Chef makes an earnest attempt to deliver the food within the prescribed delivery time as mentioned by Chef in the application. Under no circumstance, the delivery time or time range should be considered as a promise or undertaking by the Chef or YummJoy to deliver within this time frame. Delay on certain days of a week or occasions is to be expected.
- You are required to check the mode of delivery prior to placing your order on the Application. Home Chefs may have allowed either of the following options to facilitate delivery of orders: (a) “Pick-Up” whereby you must collect the order from the Home Chef’s address personally at your expense or (b) “Delivery” whereby the order will be arranged for delivery by Home Chef to the address provided by you in the Application.. It is pertinent to note that you have to accept the mode of delivery allowed by the Home Chef and do not have the option to change or modify it. However, a Home Chef may have allowed both “Pick-Up” and “Delivery” in which case, you have the option to select either of the modes of delivery depending on your convenience.
- All commercial terms entered into and agreed between you and Home Chefs are offered by the Home Chefs without the intervention of YummJoy. YummJoy does not control, advice or involve itself in offering or accepting of the commercial terms.
- You may contact the Home Chefs directly through a toll-free number displayed on the Application. However, the conversation between you and the Home Chef must be restricted to order specifications or order modifications. You shall refrain from seeking any information including personal details of the Home Chefs or soliciting the Home Chefs for your personal gains or purposes. Your call with Home Chef will be recorded for internal training and quality purposes.
- When you place an order through the Application and make the payment towards the order value, the status of your order will be “Order Placed”. The Home Chef may either accept or reject your order.
- If the Home Chef accepts your order, the status of your order will change from “Order Placed” to “Accepted”.
- If the Home Chef rejects your order, the status of your order will change from “Order Placed” to “Cancelled”.
- After the order is “Accepted” the status of your order will change to “Preparing” > “Food Ready”> “Dispatched”>“Delivered”.
- Once the Home Chef has “Accepted” the order, you will not be able to cancel the order unilaterally. However, you will be able to “request for a cancellation”, in which case the status of your order will be “Cancel Initiated”.
FEES AND PAYMENTS
a. YummJoy may charge fees for the use of certain features or modules of our Services, which will be detailed in the Application. Fees are subject to change at any time. YummJoy’s fees do not include charges and rates charged by your network carrier, including for data and messaging plans that may be required to use the features of the Services, and you are responsible for the payment of those charges and rates.
b. All payments made by you to the Home Chefs shall be in Indian Rupees. YummJoy will not accept, process payments or facilitate transactions in any other currency. You have the option to pay by (i) credit card or debit card or net banking at the time of placing the order; and (ii) any other RBI approved payment method at the time of placing an order;. You acknowledge that YummJoy is not a financial institution but merely provides a facility, in the form of payment gateway, in order for you to make payments electronically with respect to the orders placed through the Application. Further, you also understand that YummJoy acts as the Home Chefs’ payment agent for a limited purpose of accepting payments for the orders on their behalf. You shall not, under any circumstances, make payments directly to the Home Chefs.
c. You accept to pay the total amount of the order placed through YummJoy. You understand that the prices reflected on the application are set forth by the Home Chefs and YummJoy does not control the variation in the prices of the orders. Any change in the prices of the orders is the sole discretion of the Home Chefs.
- Once you have placed the order you may unilaterally cancel your order before the Home Chef accepts the order, that is before the order status shows as “Accepted”. In this event, the full order value will be automatically refunded to you, if any amount has been debited from your account.
- If you choose to cancel your order after the order is “Accepted” by the Home Chef, you may request for a cancellation and the status of your order will be “Cancel Initiated” It is the discretion of the Home Chef to accept or reject the request for cancellation.
- If request for cancellation is accepted by Home Chef, the status changes from “Cancel Initiated” to “Cancelled” indicating that the order is cancelled.
- If request for cancellation is rejected by Home Chef, the status changes from “Cancel Initiated” to “Accepted” indicating that your order is accepted by the Home Chef for order fulfilment.
- Home Chef can cancel the order at any stage, except when status is marked as “Delivered”.
YummJoy reserves the right to cancel orders under the following circumstances:
- If the address provided by you is incorrect and the delivery personnel are unable to locate or contact you;
- If you do not provide adequate information, direction or authorisation to the delivery personnel at the time of delivery;
- Where Home Chef on his/her own accord would want to cancel a Live/Undelivered Order, but unable to do so in the application due to certain technical challenges.
- Under circumstances mentioned in (c) above, you will be entitled to a refund of order value paid by you in full. However, under the circumstances mentioned in (a) and (b) above, you will not be entitled to receive any refunds.
- In the event the Home Chef cancels a new order placed by you, the full payment value of the order will be refunded to you. In the event you choose to cancel your order before the Home Chef accepts the order, the full order value will be automatically refunded back to your account if any amount was debited from your account.
- In the event you request a cancellation of a already accepted order and if the Home Chef accepts your request for cancellation, it is the discretion of Home Chef to decide whether full refund will be processed or partial refund depending on the actual time spent and quantity of material already used in preparing the order. The Home Chef may solely decide the percentage of order value to be refunded in the event of a partial refund and the same will be communicated to you and under no circumstance Home Chef is required to justify to you or to your representative, the actual time spent and quantity of materials used.
In the event you are entitled to a refund, such refund amount shall be transferred to your bank account within the usual banking business days.
LINKS TO OTHER WEB SITES
- The Application may contain links to third party web sites or services that are not owned or controlled by YummJoy. YummJoy has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. YummJoy does 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.
- YummJoy strongly advises 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 Services immediately, without prior notice or liability, under YummJoy’s 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 YummJoy. 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 hereby represent and warrant that:
- You have full power and authority to enter into this Terms and perform its obligations hereunder;
- all the information provided by you 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; and
- the products, goods and services purchased through the Application are for your personal use and that they are not for resale.
- YummJoy does not make any representation or warranties as to the specifications, quality and quantity of the items listed by Home Chefs on the Application and the food orders placed by you through the Application.
- YummJoy does not make any representations or warranties as to the promptness in delivery and/or servicing of orders including but not limited to packaging of orders. YummJoy is not liable in any manner in the event of delay or damages in this regard.
- YummJoy does not make any representation or warranties as to the authenticity of the photographs of food displayed by the Home Chefs on the Application. Such photographs are for representative purposes only and the actual appearance and presentation of the food may vary from what is represented.
- YummJoy does not make any representation or warranties as to the legal title, credit worthiness or identity of Home Chefs and DSPs. You are advised to confirm the bona fides prior to placing the order through the Application. YummJoy accepts no liability for the errors, acts and omissions of such Home Chefs and DSP’s.
- YummJoy does not make any representation or warranties with respect to the services provided by DSPs. YummJoy accepts no liability for the errors, acts and omissions of such DSPs.
- YummJoy, its subsidiaries, affiliates, and its licensors do not warrant that a) the Application and Services will function uninterrupted, secure or be available at any particular time or location; b) any errors or defects will be corrected; c) the Application is free of viruses or other harmful components; or d) the results of using the Application and Services will meet your requirements.
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 Application and Services, by you or any person using your account and password, and/or b) a breach of these Terms, and/or c) your interaction with Home Chefs and DSPs.
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 and/or Service, loss of goodwill, Services 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 Application and/or Services; (ii) any conduct or content of any third party used with respect to the Application and/or Service; (iii) any content obtained from the Services; (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 YummJoy has 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 Services provided using this Application including consumption of the items ordered using the Application and or Services.
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 and/or Services.
The Services, Application and YummJoy’s brand name are protected by copyright, trademark, and other laws of India. YummJoy and its licensors exclusively own all right, title and interest in and to the Services and Application 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 Services is at your sole risk. The Services is provided on an “AS IS” and “AS AVAILABLE” basis. The Services 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 Services, and supersede and replace any prior agreements we might have had between us regarding the Services.
YummJoy reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material YummJoy 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 Services 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 Services.
If you have any questions about the Terms, or about YummJoy in general, please contact firstname.lastname@example.org