Terms

General

Your use of any service provided by Yumchek, whether as a foodie, eatery, or an associate, via its website, applications, SMS, APIs, notifications, or in any other manner, is governed by the following terms. Accessing and using the services in any manner signifies your acceptance of these terms.

 

Yumchek provides contextually appropriate suggestions to foodies to help them decide where to eat or order from. These suggestions may come with real time offers, which have been generated within the parameters set by the relevant eateries. Yumchek does not provide food and beverages and it is not a food and beverages outlet.

 

Yumchek is merely a technology platform via which eateries may express their willingness to service foodies under certain conditions and the foodies agree to be so served. Yumchek provides the information and a method to access that information. Whether to make the connection or not is in the sole discretion of the foodies and the eateries. Yumchek bears no liability for nature, kind, quality of the food or beverages being served or consumed after such connection is made, or for timeliness or courtesy of the service by the eateries.

 

Yumchek charges an eatery a fee (by deducting Yumchek credits from the eatery’s account) each time a foodie is successfully served by an eatery for the help in making that connection. Eateries pay this fee by buying Yumchek credits, which are deducted from an eatery’s account whenever a fee needs to be paid by the eatery. Yumchek credits can be bought by credit or debit cards, or by other means.

 

The services provided by Yumchek are constantly evolving and the form and nature of the services may change from time to time, including removal or stoppage of certain services. Yumchek reserves the right to make any change to the services or the terms for any reason and without any prior notice to you. By continuing to access and use the services, you agreed to the revised terms.

 

Access and Responsibility

You may use the services if the laws of the jurisdiction from where you are accessing the services allow you to do so, and in accordance with those laws. By accessing and using the services, you represent that you have the right, authority and capacity to do so. If you are using the services on behalf of a company or an organization, you represent and warrant that you are authorized to do so.

You are solely responsible for safeguarding the password that you use to access the services and for any activities or actions under your password or account. Yumchek cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

 

Content

 You are responsible for any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the services (collectively, content) that you provide to Yumchek, and any consequences resulting therefrom.

 

You retain your rights to any content you submit, post or display on or through the services. By submitting, posting or displaying content on or through the services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods for any Yumchek related purpose.

 

You agree that this license includes the right for Yumchek to provide, promote, and improve the services and to make content submitted to or through the services available to other companies, organizations or individuals who partner with Yumchek for any reason, subject to our terms and conditions for such content use.

 

Yumchek does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.

 

Your License to Use

Yumchek gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Yumchek as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Yumchek, in the manner permitted by these terms.

 

All right, title, and interest in and to the services (excluding content provided by users) are and will remain the exclusive property of Yumchek and its licensors. The services are protected by copyright, trademark, and other laws of the applicable jurisdictions. Nothing in the terms gives you a right to use the Yumchek name or any of the Yumchek trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Yumchek, or the services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

 

Any of your information, including geolocational data, you upload, provide, or post on the Yumchek platform may be accessible to certain users of the Yumchek platform. We cannot verify or guarantee the accuracy of the information users provide us on the Yumchek platform, and we do not control the information provided by other users that is made available through our system. Therefore, Yumchek cannot and does not confirm each user’s purported identity. You may find other user’s information to be offensive, harmful, inaccurate, or deceptive. By using the Yumchek platform, you agree to accept such risks and Yumchek is not responsible for the acts or omissions of users on the Yumchek platform.

 

Any information that you provide to Yumchek is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to other countries for storage, processing and use by Yumchek. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the services and your Yumchek terms, which you may not be able to opt-out from receiving.

 

Restrictions

You may not do any of the following while accessing or using the services: (i) access, tamper with, or use non-public areas of the services, Yumchek’s computer systems, or the technical delivery systems of Yumchek’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Yumchek; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the services or its contents; (iv) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the services; or (v) impersonate any person or entity; harass any person; express or imply that any statements you make are endorsed by us, without our specific prior written consent; post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; or remove any copyright, trademark or other proprietary rights notices contained in the service; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the service; frame or mirror any part of the service, without our prior written authorization or use meta tags or code or other devices containing any reference to us or the services or the Yumchek platform in order to direct any person to any other web site for any purpose; or (vii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the services or any software used on or for the services or cause others to do so.

 

You further agree that your information and your interactions on the Yumchek platform will not: (i) be false, inaccurate or misleading (directly or by omission or failure to update information); (ii) infringe any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iii) violate any law, statute, ordinance or regulation; (iv) be defamatory, trade libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material; (v) contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language; (vi) include in your information any telephone numbers, street addresses, last names, URL’s or e-mail addresses other than where explicitly asked for it; (vii) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (viii) create liability for us or cause us to become subject to regulation as food and beverages outlet; or (ix) link directly or indirectly to any other web sites. You further agree that you will not transfer, use, or sell your Yumchek account and/or ID to any another party. We reserve the right, but we have no obligation, to reject any participant that does not comply with these prohibitions.

 

Termination

The terms will continue to apply until terminated by either you or Yumchek as follows. You may end your legal agreement with Yumchek at any time for any or no reason by deactivating your accounts and discontinuing your use of the services.

 

We may suspend or terminate your accounts or cease providing you with all or part of the services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.

Upon such termination, we will remove all of your information from our servers, though we may retain an archived copy of records we have about you as required by law or for legitimate business purposes. We maintain sole discretion to bar your use of the services in the future, for any or no reason.

 

In all such cases, the terms shall terminate, including, without limitation, your license to use the services, except those terms that by their nature should survive termination shall continue to survive.

 

Disclaimers

This section limits the liability of Yumchek and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, Yumchek group). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

 

Your access to and use of the services or any content are at your own risk. You understand and agree that the services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Yumchek group disclaims all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement.

 

The Yumchek group make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the services or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the services or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the services; and (iv) whether the services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Yumchek group or through the services, will create any warranty not expressly made in this agreement.

 

The services may contain links to third-party websites or resources. You acknowledge and agree that the Yumchek group is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Yumchek group of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE YUMCHEK GROUP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE YUMCHEK GROUP EXCEED THE GREATER OF INR 500 OR THE AMOUNT YOU PAID YUMCHEK, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

 

The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not the Yumchek group have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

Indemnity

You will defend, indemnify, and hold the Yumchek group harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the service, including: (i) your breach of these terms or the documents it incorporates by reference; or (ii) your violation of any law or the rights of a third party; or (iii) any allegation that your content you submit to us or transmit to the services or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (iv) your ownership, use or operation of an eatery, including your provision of food and beverages to foodies; and/or any other activities in connection with the services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

 

In the event that you have a dispute with one or more users, you agree to release the Yumchek group from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other users or to your use of the Yumchek platform or the services.

 

Other Terms

You and Yumchek are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this agreement.

 

The failure of Yumchek to enforce any right or provision of these terms will not be deemed a waiver of such right or provision. In the event that any provision of these terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these terms will remain in full force and effect.

 

These terms, and our Privacy Policy are the entire and exclusive agreement between Yumchek and you regarding the services (excluding any services for which you have a separate agreement with Yumchek that is explicitly in addition or in place of these terms), and these terms supersede and replace any prior agreements between Yumchek and you regarding the services. Other than the Yumchek Group, no other person or company will be third party beneficiaries to the terms.