YUMMY BAY TM ( c )
READ THESE TERMS CAREFULLY, SINCE YOUR USE OF ANY OF THE SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS AND CREATES A BINDING LEGAL AGREEMENT AND THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT
1) LEGAL AGREEMENT
The terms and conditions set forth in this document apply to all visitors ("Users" or "you") to YUMMYBAY.com website ("Site"), and constitute a binding, legal agreement ("Agreement") between the User and YUMMY BAY .com (Amicitia Food Mart Pvt Ltd - Licenced owner of YUMMYBAY.com, referred as "YUMMYBAY.com").
2) DESCRIPTION OF SERVICE
Yummybay.com currently provides users with access to on-line Food ordering with restaurant /hotels /caterers and related service providers , and provides online ordering capabilities for users to place food orders on yummy bay .com that are forwarded to respective service providers (restaurants ) and executed and delivered by 3rd parties like restaurants (the "Service"). The Service (or parts of it), at yummybay .com , may be accessed or made available through or via various mediums or devices now known or hereafter developed, You also understand and agree that that the Service may include certain communications from yummybay.com such as business announcements, administrative messages or offers.
You understand and agree that the Service is provided "AS-IS" and that yummybay.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
Unless expressly stated otherwise, no information presented in the Service or in connection with any products and services forming part of the Service shall be deemed as a binding offer by us or the relevant third party, but may constitute an invitation for you to place an order. In respect of contracts for our or any third party's products and services which are made available as part of the Service, these shall be deemed concluded when we or the relevant third party have accepted your order for the same or have provided you with the product or service pursuant to your order.
Content that is considered obscene under Indian law, is strictly forbidden on the yummybay.com site, and users are prohibited from posting any material of an obscene nature on the yummybay.com site. Although yummybay.com exercises due diligence to ensure that any obscene content posted by users in violation of This Agreement is promptly removed, users may sometimes come across user-posted obscene content that we have not yet discovered. Users shall make best endeavors to make yummybay.com aware of such obscene/objectionable content that they come across while using the service.
3) USER OBLIGATIONS WHILE REGISTRATION
In consideration of your use of the Service, you agree to:
(a) provide true, accurate, current and complete information about yourself as detailed in the Service's registration form for registering the data
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or yummybay.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, yummybay .com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) .
4) You understand and acknowledge that all information,whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not yummybay.com, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. Yummybay.com does not control the Content posted via the Service and, as such, cannot and does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will we or our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, affiliates, Directors , officers, agents or employees, as the case may be, be liable in any way for any Content, including, but not limited to, any exposure to offensive, indecent or objectionable Content, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
5) REFUND AND CANCELLATION POLICY
Please note that once you have made your order and your payment has been authorised you will not be able to cancel your order nor will you be entitled to a refund. If you are entitled for a refund (in case of non-delivery), we shall try to do so within 7 working days from the date of Order.
Restaurant’s goal is to deliver or keep food ready on-time (in case of takeaways) i.e. delivering at the time it specifies. Unfortunately factors, such as, weather and traffic conditions occasionally prevent restaurant from achieving this.Yummybay shall not be responsible for late delivery.
In the event that you have a complaint about the quality of food or service provided by the restaurants on this Website then any compensation should be sought directly from the restaurant. Yummybay will not be able to provide refunds on behalf of the restaurants and is not liable for any such refunds sought after. All complaints must be lodged initially with the restaurant and, only therein will Yummybay entertain such complaints.
7) DEALINGS WITH THIRD PARTIES including restaurants/hotels/caterers/ advertisers
The Service may also include access to products and services of independent third parties either directly or via links to sites operated by such third parties. Where these products and services of third parties form part of the Service, we will endeavor, but are not obliged to, indicate that these products and services are provided by third parties. In all cases, your correspondence or business dealings with, or participation in promotions of, other parties found on or through the Service (including without limitation providers of products and services, advertisers and other users of the Service), including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party, even where it is in relation to any products or services that are co-branded with us which may include our trademarks. You agree that we shall not be responsible or liable in any way for any loss or damage of any sort incurred as the result of any such dealings with any third parties, as the result of the presence of such third parties on the Service, or as the result of the use of the Service in any way by such third parties.
8) The yummybay.com Service or third parties including restaurants /hotels/caterers/ advertisers etc may provide, links to other Web sites or other online electronic media . You acknowledge that yummybay.com has no control over such sites and mediums, you acknowledge and agree that yummybay.com is not responsible for the availability of such external sites or mediums , and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or mediums . You further acknowledge and agree that yummybay.com shall not be responsible or liable, in any manner whatsoever, 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 site or mediums
9) TRADEMARK INFORMATION
The yummybay.com , yummybay logo, on the web are the trademarks and service marks and other yummybay.com logos and product and service names are trademarks of yummybay.com . without yummybay’s prior permission, you agree not to display or use in any manner the yummybay.com Intellectual property rights which include trademark and copyrights in artistic work ,literary , software and cinematographic representations .
10) PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, you agree not to modify, adapt, rent, lease, loan, sell, distribute, the Software or the Content in whole or in part.
yummybay.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of our Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by yummybay.com for use in accessing the Service.
11) DISCLAIMER OF WARRANTIES You expressly understand and agree that:
a. Your accessing or use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. We and our licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees expressly disclaim all warranties of any kind, whether express or implied,
b.yummybay.com and its licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, Directors ,officers, agents and employees make no warranty that
(i) The service will meet your requirements,
(ii) The service will be uninterrupted, timely, secure, or error-free,
(iii) The service will be accessible at any time or at all times via the mediums selected or used by you,
(iv) The information, content or advertisements contained in, distributed through, or linked, downloaded or accessed from or through the service, or the results that may be obtained from the use of the service, will be accurate or reliable,
(v) The quality of any products, services, information, or other items displayed, purchased or obtained by you through or in connection with the service "the products" will meet your expectations
(vi) Any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system, mobile telephone or other access device or loss of data that results from the download of any such material.
d. Any reliance upon or use of any materials shall be at your own discretion and risk. We reserve the right, in our sole discretion and without any obligation, to make any improvements to or correct any error or omissions in any part of the service or materials. The materials are provided or made available by us on an “as is” basis and we expressly disclaim any and all warranties of merchantability with respect to any of the materials or the products.
e. No advice or information, whether oral or written, obtained by you from yummybay.com or its licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, Directors , officers, agents and employees or through or from the service shall create any warranty not expressly stated in this Agreement.
12)LIMITATION OF LIABILITY
You expressly understand and agree that we and our licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, but not limiting to, damages for loss of profits, goodwill , data or other tangible or intangible losses resulting from:
(i) The service, the materials and the products;
(ii) The use or the inability to use the service or delayed use of the service including the use of your Credit card /Debit card payment
(iii) The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
(iv)Unauthorized access to or alteration of your transmissions or data;
(v) Statements or conduct of any third party on the service;
(vi) Any goods or services disposed of or messages sent or received using the service; or
(vii) Any other matter relating to the service, the materials or the products
You agree that YUMMYBAY.COM, in its sole discretion, may terminate your password, account or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if YUMMYBAY.COM, in its sole opinion, believes that you have violated or acted inconsistently with the letter or spirit of This Agreement or that you are a repeat infringer of intellectual property rights. YUMMYBAY.COM may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice, You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that YUMMYBAY.COM may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that yummybay.com shall not be liable to you or any third-party for any termination of your access to the Service.
Entire Agreement. This Agreement constitute the entire agreement between you and yummybay.com and govern your use of the Service, superseding any prior understandings and agreements between you and us and any previous statements or representations from either party to the other party. This Agreement do not apply to any affiliate services, third-party content or third-party software that does not or cannot reasonably be deemed to form part of the Service which may be provided to you by our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, other affiliates or other third parties, which may be subject to additional terms and conditions imposed by that party. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
Governing Law and Jurisdiction. This Agreement and the relationship between you and yummybay.com shall be governed by the laws of the Republic of India without regard to its conflict of law provisions. You and yummybay.com agree to submit to the personal and exclusive jurisdiction of the courts located at Kochi, Ernakulam District , Kerala State ,India.