TERMS OF SERVICE FOR USERS AND COOKS
THIS DOCUMENT SETS OUT THE TERMS AND CONDITIONS (“TERMS”) ON WHICH YOU (“YOU" OR “USER” OR “COOKS”) MAY USE THE YUMAMIA LLC WEBSITES WWW.YUMAMIA.COM AND THE YUMAMIA APPLICATION (FOR THE PURPOSES OF THESE TERMS BOTH THE WEBSITES AND THE YUMAMIA APPLICATION SHALL BE REFERED TO AS THE “APP”), WHICH PERMITS USERS AND/OR COOKS TO VIEW, ORDER AND SHARE MEALS (“MEALS”) THROUGH THE APP’S SOFTWARE SERVICE PLATFORM (“PLATFORM”).
PLEASE READ THESE TERMS CAREFULLY BEFORE COMMITTING TO USE THE PLATFORM OR SERVICES OFFERED ON THE APP. BY USING THE APP, YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS, WHETHER OR NOT YOU BECOME A REGISTERED USER OF THE SERVICES. THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE APP AND CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND YUMAMIA.
THESE TERMS MAY BE SUBJECT TO CHANGE FROM TIME TO TIME, AND ACCORDINGLY YOU ARE ADVISED TO REFER BACK TO THESE TERMS BEFORE REGISTERING ON THE APP.
SECTION A CONTAINS GENERAL PROVISIONS WHICH APPLY TO ALL USERS OF THE APP. IN ADDITION TO SECTION A, THE PROVISIONS OF SECTION B WILL APPLY TO YOU IF YOU USE THE APP AS A “COOK.”
SECTION A: General Provisions - USERS
- THE APP
1.1 Yumamia shall be entitled at its own discretion to suspend the App for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the App, including but not limited to preventing you from using the Platform or using any of the Services available on the App.
1.2 Yumamia reserves the right to make any changes to the App including any functionalities and content therein or to discontinue any aspect of the same without notice to you.
1.3 Yumamia relies on third party providers (such as network providers, data centres and telecommunication providers) to make the App and the content therein and the Services available to you. Whilst Yumamia takes all reasonable steps available to it to provide you with a good level of service, you acknowledge and agree that Yumamia does not guarantee or warrant that the App shall be uninterrupted or fault-free at all times. Yumamia therefore shall not be liable in any way for any losses you may suffer as a result of delays or failures of the Services and App as a result of Yumamia’s service providers.
2.1 In order to use the App, you will need to complete the online registration form and set up an account (“Account”).
2.2 By registering your details with Yumamia as a User, you warrant that:
2.2.2. you are legally capable of entering into binding contracts;
2.2.3. you are at least 18 years old; and
2.2.4. you are not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Terms for the use of the Services and purchase of Meals.
2.3 By registering your details and setting up an Account you consent to Yumamia conducting verification and security procedures in respect of the information provided by you online.
2.4 You hereby warrant that the information provided by you to Yumamia is true, accurate and correct. You further warrant that you shall promptly notify Yumamia in the event of any changes to such information.
2.6 You shall keep your registration details for the App (“Login Details”) confidential and secure. Without prejudice to any other rights and remedies available to Yumamia, Yumamia reserves the right to promptly disable your Login Details and suspend your access to the App in the event that Yumamia has any reason to believe you have breached any of the provisions set out herein.
2.7 Notwithstanding the foregoing, Yumamia reserves the right to:
2.7.1. accept or reject your application to register for any reason; and
2.7.2. suspend your Account and/or refuse you access to the Services and/or App (partly or wholly) if you breach any of the provisions hereunder.
2.8 . Upon registration as a User, and in consideration of your compliance with these terms and conditions, Yumamia will provide you with the User Services. You are a User if you submit Orders through the Platform.
2.9 The User Services will comprise of the following:
2.9.1 the facility to create a Profile page;
2.9.2 the ability to search for Cooks who have registered with the App and have Meals available for Order;
2.9.3 the ability to communicate with other Users and Cooks using the App;
2.9.4 the facility to review and rate the Cook;
2.9.5 access to any other features and functionality for the User Services provided by Yumamia to Users from time to time.
3.1 You acknowledge and agree that all Orders are subject to acceptance by the Cooks. The contract for fulfilment of an Order is created between you and the Cook, which will only be formed once you have received such acceptance. Yumamia is not responsible for either party’s performance under such a contract and Yumamia makes no guarantee that the obligations of either party under the contract will be fulfilled.
3.2 User acknowledges and agrees that all Meals sold on the App are perishable, therefore cancellations or refunds may not permitted by Cooks.
- USER OBLIGATIONS
4.1. You agree that you are solely responsible and liable for all activities carried out by your use of the App.
4.2. You shall not submit to appear on the App through your use of the Services, any information, reviews, comments, images, third party URL links or other material whatsoever in any format (“User Submissions”), whether within your personal Profile, when rating or submitting a review in relation to another User or Cook or elsewhere on the App that, in Yumamia’s reasonable opinion, may be deemed to be offensive, illegal, inappropriate or that in any way:
4.2.1. promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
4.2.2. harass or advocate harassment of another person;
4.2.3. display pornographic or sexually explicit material;
4.2.4. promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
4.2.5. promote any illegal activities;
4.2.6. provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
4.2.7. promote or contain information that you know or believe to be inaccurate, false or misleading;
4.2.8. engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of Yumamia; or
4.2.9. infringe any rights of any third party.
4.3. You acknowledge that making a User Submission does not guarantee that such User Submission, or any part thereof, shall appear on the App whether or not the submission of such User Submission is part of the Services. You agree that Yumamia may, at its sole discretion, choose to display or to remove any User Submission or any part of the same that you make on the App, and you hereby grant to Yumamia a non-exclusive, perpetual, irrevocable, worldwide licence to do so.
4.4. You warrant and represent that you own or are licensed to use any and all patents, trade marks (whether registrable or non-registrable), designs, rights in database, rights in software (including without limitation the source and object code), copyright and all proprietary rights ( “Intellectual Property Rights”) in all User Submissions that you make to the App as part of your use of the Services.
4.5. You hereby grant to Yumamia a non-exclusive, perpetual, irrevocable, worldwide license to make the User Submissions available to other Users of the App.
4.6. You further agree that at all times, you shall:
4.6.1. not use your Login Details with the intent of impersonating another person;
4.6.2. not allow any other person to use your Login Details;
4.6.3. not use the information presented on the App or provided to you by Yumamia for any commercial purposes;
4.6.4. not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the App or in respect of the network;
4.6.5. not infringe any rights of any third parties;
4.6.6. contact Yumamia at [email protected] immediately if you consider any User Submission posted by another User to breach any of the Terms herein;
4.6.7. comply with all instructions and policies from Yumamia from time to time in respect of the use of the Platform, the Services and the App;
4.6.8. co-operate with any reasonable security or other checks or requests for information made by Yumamia from time to time; and
4.6.9. use the information made available to you on the App and through the Services at your own risk.
4.7. In the event that you have a dispute with any other User of the App, you hereby release Yumamia from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute.
4.8. You must at all times use the User Services and the App in accordance with these Terms. In particular, all content and material uploaded to or forming part of your Profile must comply with the rules relating to User Submissions set out in Section A of these Terms.
4.9. As a User, you are responsible for:
4.9.1. ascertaining the identity of any Cook;
4.9.2. verifying the Price of any Meal, which you acknowledge may fluctuate from time to time and will be determined at the Cook’s sole discretion;
4.9.3. ensuring you have sufficient information relating to any health & safety risks, including ascertaining that the Cook is, where applicable registered with their local environmental health department;
4.9.4. any review or rating of Cooks to be fair, honest and reasonable;
4.9.5. verification of all information provided by the Cook in relation to any Meals provided, including the ingredients.
4.10. In using the User Services, you must:
4.10.1. not provide information (including in your Profile) which you know to be inaccurate, false, incomplete, untrue or is or may be deemed to be a misrepresentation of the facts;
4.10.2. immediately notify Yumamia in the event you have any reason to believe or suspect that a Cook or another User has breached any of the terms under Section A or that any Cook Profile is not genuine, or is false, inaccurate and/or incomplete.
- EXCLUSION OF WARRANTIES AND YUMAMIA’S LIMITATION OF LIABILITY
5.1. You acknowledge and agree that where the App includes views, opinions, advice or recommendations, such views, opinions, advice and recommendations are not endorsed by Yumamia and to the maximum extent permitted by law, and Yumamia provides no warranty or guarantee, and shall not be liable in any way for the accuracy, defamatory nature, completeness, timeliness, suitability or otherwise of such views, opinions, advice or recommendations.
5.2. Yumamia does not verify and does not have any control in respect of any User Submission, or other information made available to you through your use of the Platform, the Services and/or the App. Consequently, Yumamia does not warrant or guarantee the accuracy, correctness, reliability, suitability or at all in respect of any User Submission or any other information made available to you through your use of the Meals, the Services and/or the App. If you so intend to use and/or rely upon any User Submission or any other information made available to you through your use of the Platform, the Services and/or the App, you do so at your own risk and liability.
5.3. Yumamia shall not be liable for losses that result from its failure to comply with these Terms that fall into the following categories:
5.3.1. consequential, indirect or special losses;
5.3.2. loss of profits, income or revenue;
5.3.3. loss of savings or anticipated savings, interest or production;
5.3.4. loss of business or business benefits;
5.3.5. loss of contracts;
5.3.6. loss of opportunity or expectations;
5.3.7. loss of goodwill and/or reputation;
5.3.8. loss of marketing and/or public relations time and/or opportunities;
5.3.9. loss of data; or
5.3.10. loss of management or office time
or any other losses howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
5.4. Nothing in these Terms excludes or limits Yumamia’s liability for:
5.4.2. fraud or fraudulent misrepresentation; or
5.4.3. any other matter for which it would be illegal for Yumamia to exclude or attempt to exclude its liability.
5.6. Yumamia does not in any way participate nor shall it be liable in any way for whatever reason for any communication, transaction, meet-up, set-up or relationship between you and other Users. Yumamia therefore recommends that you take all safety precautions when contacting, socialising and engaging in social gatherings or meetings, including without limitation with regard to the delivery of Meals, with other Users.
6. ADDITIONAL EXCLUSION OF WARRANTIES REGARDING COOK & COOK SERVICES
6.1. You acknowledge and agree that the User Services provided by Yumamia are limited to providing you with a forum to attempt to source and connect with Cooks. When you use the User Services, Yumamia does not warrant or guarantee:
6.1.1. that you will find Meals suitable to your specific taste, dietary or other requirements;
6.1.2. the status of any Cook as a business or that the same is compliant with any standards set by any food standards agency or authority in the User’s jurisdiction;
6.1.3. the premises used by a Cook to prepare Meals are suitable for the cooking and preparing of Meals or, where applicable, registered with their local environmental health department;
6.1.4. that the Cooks’ Profiles are genuine;
6.1.5. that any information or documentation made available on a Cook’s Profile (including but not limited to any recipes for the Meals) is authentic, valid, accurate or otherwise complete;
6.1.6. the identity of the Cook using the App; or
6.1.7 the suitability of the Meals for consumption upon delivery to the User, or that the Meals are free from food-borne illnesses, viruses, bacterial infections or otherwise.
6.2. As a User, you warrant that you will only purchase Meals for your own personal consumption and will not purchase Meals or use the Services for any commercial purposes, including without limitation to sell Meals to consumers.
6.3. Yumamia is not responsible in any way for the quality or delivery of any Meals by the Cooks. Such Meals are to be provided by the Cooks on terms and conditions as may be agreed between you and the Cook.
6.4. In the event there is a dispute between you and any Cook, or if the Meals provided by a Cook are not provided to a satisfactory standard or at all, you agree Yumamia is not liable for anything (including but not limited to any loss, damage, personal injury or death) suffered or incurred by you in the course of receiving such Meals from a Cook, and you release and hold harmless Yumamia from anything you may suffer or any liability in relation to such dispute.
- INTELLECTUAL PROPERTY RIGHTS
7.1. Yumamia and its licensors own all the intellectual property rights relating to the App, Services and Platform.
7.2. You are expressly prohibited from:
7.2.1. reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the App; and
7.2.2. removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by Yumamia or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Yumamia or could be considered an infringement of any of the rights in the Intellectual Property Rights owned by and/or licensed to Yumamia.
7.3. Provided that Yumamia is unaware of any infringement of any third party intellectual property rights at the time you submit any User Submissions, Yumamia shall not be liable in any way to you or any third party for any breach of such rights subsequently notified to you or Yumamia.
- FORCE MAJEURE
8.1. Yumamia shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events outside its reasonable control (“Force Majeure Event”).
8.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Yumamia’s reasonable control and includes in particular (without limitation) the following:
8.2.1. strikes, lock-outs or other industrial action;
8.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
8.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
8.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
8.2.5. impossibility of the use of public or private telecommunications networks; and
8.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
8.3. Yumamia’s performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and Yumamia shall have an extension of time for performance for the duration of that period. Yumamia will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under these Terms may be performed despite the Force Majeure Event.
9.2. Yumamia may suspend or terminate your use of the Services and/or App if:
9.2.1. any of Yumamia’s third party communication network providers cease to make their services available to Yumamia for any reason;
9.2.2. Yumamia believes you or someone using your login details has failed to comply with one or more of these Terms;
9.2.3. Yumamia believes there has been fraudulent use, misuse or abuse of the Services;
9.2.4. Yumamia believes you have provided any false, inaccurate or misleading information.
9.3. On termination, your access to the App shall cease and Yumamia may delete your Profile.
10.1. If Yumamia fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.
10.2. A waiver by Yumamia of any default shall not constitute a waiver of any subsequent default.
10.3. No waiver by Yumamia of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
10.4. For the avoidance of doubt, references to ‘writing’ shall be deemed to include email.
10.5. Yumamia reserves the right to use third party suppliers or sub-contractors at any time and in any way in respect of the performance of its obligations under these Terms.
10.6. If any of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
10.7. These Terms and any document expressly referred to in them represent the entire agreement between you and Yumamia in respect of your use of the App and your purchase and use of the Platform and the Services, and shall supersede any prior agreement, understanding or arrangement between you and Yumamia, whether oral or in writing.
10.8. You acknowledge that in entering into these Terms, you have not relied on any representation, undertaking or promise given by or implied from anything said or written whether on the App, the internet or in negotiation between you and Yumamia except as expressly set out in these Terms.
10.9. Yumamia may alter or amend our Terms by giving you reasonable notice. By continuing to use the App after expiry of the notice period, or accepting the amended Terms (as we may decide at our sole discretion), you will be deemed to have accepted any amendment to these Terms. If, on receipt of such notice, you wish to terminate your access to the App, you may do so by giving us not less than 7 (seven) day's written notice, (which may be by e-mail), such termination to take effect on the date upon which the amended Terms would otherwise have come into effect.
10.10 These Terms are governed by and construed in accordance with Delaware law. The Courts of Delaware shall have exclusive jurisdiction over any disputes arising out of these Terms.
SECTION B: COOK TERMS AND CONDITIONS
If you are a Cook and wish to use the Cook Services, in addition to the terms of Section A, the terms of this Section B shall also apply.
Upon registration as a Cook, in consideration of your compliance with these terms and conditions, Yumamia will provide you with the Cook Services as described on the App and in this Section C below.
In addition to the registration requirements in Section A, you acknowledge and agree that registration as a Cook may include additional verification requirements.
- COOK SERVICES
13.1. The Cook Services will comprise the following:
13.1.1. the facility to create a Profile page (including a photo), which can be accessed by the Users;
13.1.2. the facility to customise your Profile by adding information about your experiences, preferences;
13.1.3. the ability to advertise Meals available for Order (including information relating to any specialty bespoke Meals available);
18.1.4. the ability to set a purchase price (“Price”) payable by the User in respect of any Meal;
13.1.5. the ability to specify whether you are able to deliver Orders to Users or whether Orders are collection only;
13.1.6. any other features and functionalities of the Cook Services provided by Yumamia to you from time to time.
- COOK PROFILES
14.1. You warrant that you are the provider of the Meals you have posted on your Profile.
14.2. You must ensure that your Profile contains the minimum information set out below:
14.2.1. information as to your identity;
14.2.2. a description of the Meals available, including the ingredients used and the extent of any delivery services available;
14.2.3. the Price of the Meal.
- YOUR ADDITIONAL OBLIGATIONS AS A COOK
15.1. By choosing to be a Cook and to advertise and deliver your Meals to Users through the App, further to the general obligations on you as a User under section A of these Terms, you agree that all information submitted by you in a Cook Profile, preparation and supply and/or delivery of the Meals, and any other services or information provided (including the recipes and ingredients relating to the Meals) or comments made to Users or other Cooks through the App, must:
15.1.1. be accurate, correct and up-to-date;
15.1.2. be provided with all reasonable care and skill in a manner consistent with generally accepted standards in the industry in which you operate;
15.1.3. not breach any applicable statutory or regulatory requirement, including following good hygiene practice in the preparation of any Meals and, where applicable, food safety management procedures based on the standards set by the relevant food standards agency in your jurisdiction from time to time;
15.1.4. not be misleading, deceptive or in any way contravene any and all applicable consumer, health and safety and e-commerce laws and regulations; and
15.1.5. not be obscene, defamatory or be in the reasonable view of Yumamia deemed to be offensive and/or inappropriate.
15.2. In using the Cook Services you must:
15.2.1. at all times keep all information including without limitation, communication and correspondences between you and the Users, and all information relating to the Order process secure and confidential;
15.2.2. ensure your use of the Cook Services is personal to you;
15.2.3. immediately notify Yumamia in the event you have any reason to believe or suspect that a Cook or User has breached any of its Terms.
15.3. You further acknowledge and agree that Yumamia may, at its sole discretion, immediately remove your Profile from the App where it reasonably considers that such Profile, any information you have uploaded or Meals provided, no longer meets the standards that Yumamia requires of its Cooks on the App, at its absolute discretion and upon written notice to you.
15.4. You hereby represent and warrant that you hold all necessary licenses, permits, certificates, authorizations and/or permissions to carry out the Cook Services and/or provide the Meals to Users in your relevant jurisdiction. Failure to comply with this clause shall result in immediate termination of hour Profile as Cook and immediate cessation of the Cook Services.
- CHARGES AND PAYMENTS
16.1. All payments from Users for Meals shall be made via cash on delivery only.
16.2. You, as Cook, shall pay to Yumamia all other fees and charges notified to you during the Cook registration process (“Fees”). The Fees shall be due and payable in accordance with the payment terms notified to you during registration. The Fees are exclusive of VAT and other sales tax which shall, where applicable, be paid in addition.
16.3. We may change the Fees at any time on the provision of notice to you in writing, by email or through your use of the App. Your continued use of the App following notice of such change shall be deemed to be your acceptance of the new Fees. If you do not agree with the changes to the Fees, you may terminate your agreement with us by notice in writing or by email.
- ADDITIONAL EXCLUSION OF WARRANTIES
17.1. You acknowledge and agree that Yumamia only provides you with the facility to post and supply Meals to Users by providing you with the Cook Services. Yumamia does not warrant, represent or guarantee that you will find any Users to deliver Meals to or achieve any specific results whatsoever.
17.2. You acknowledge and agree that using the Platform through the App may require registration as a business, a commercial license, a food provider, a food hygiene & safety certificate and/or any other licenses or permits required to prepare and deliver food to Users in your relevant jurisdiction. Yumamia shall not be liable to you or any third party for any failure by you to comply with any relevant laws and regulations that may apply to you in the use of the Platform through the App.
17.3. You further agree that Yumamia does not vet or verify the identity of the Users posted on the App. Consequently, Yumamia does not warrant or guarantee:
17.3.1. the currentness, completeness, correctness and accuracy of any Users’ Profile;
17.3.2. that any Orders made by Users are genuine;
17.3.3. the identity of the Users using the App.
17.4. You further acknowledge that Yumamia has no control of and therefore has no liability whatsoever in respect of the behavior, response and quality of the Users on the App.