Please read this Terms of Service Agreement (these "Terms" or this "Agreement") carefully before using the www.YumCrust.com website (the "YumCrust") or any mobile application, service, technology, software, or functionality belonging to, provided by, created by, or operated by Abiyan Ltd., (registration number 11627350) its employees, directors, principals, executives, affiliates, or related entities ("YumCrust ", "us", "our", and "we") (collectively, the "Service").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with this Agreement. This Agreement applies to all visitors, users, and others who wish to access or use the Service (each a "User" and collectively, "Users"). Your access to the Service and/or any portion thereof, is governed by this Agreement.
By accessing or using the Service you agree to be bound by this Agreement. If you disagree with any part of this Agreement, then you do not have permission to access or utilize the Service.
- Parties. “You” and “Your” refers to you, as a user of the Service. A “user” is someone who accesses or in any way uses the Service. “We,” “us,” and “us” refers to YumCrust and its subsidiaries.
- Food Provider. “Food Provider” means any chef, restaurant, takeaway, bakeries or food stall or any other food provider who has access or uses the Service to provide food ordered by customers through the Service.
- Food Provider Account. “Food Provider Account” means the account you create to access or use the YumCrust for your business as a Food Provider to provide food ordered through the Service.
- Content. “Content” means text, images, photos, audio, video, and all other forms of data or communication. “Your Content” means Content that you submit or transmit through or in connection with the Service, such as ratings, reviews, photos, videos, compliments, invitations, check-ins, and following activity, direct messages, and information that you contribute to your user profile or suggest for a business page. “User Content” means Content that users submit or transmit through or in connection with the Service. “YumCrust Content” means Content that we create and make available in connection with the Service. “Food Provider Content” means Content that originates from Food Provider, which is made available in connection with the Service. “Service Content” means all the Content that is made available in connection with the Service, including Your Content, User Content, YumCrust Content, and Food Provider Content.
- Consumer. “Consumer” means an individual or company who has access or uses the Service to order food from Food Provider through the Service.
- Consumer Account. “Consumer Account” means the account you create to access or use the Service as a Consumer.
YumCrust reserves the right, in its discretion, to modify, add, or remove portions of the Terms at any time and each such change shall be effective immediately upon posting. Please check the Terms periodically for any changes. Your continued use of the Service following the posting of the changes to the Terms will imply that you accept the changes.
3. ACCESS TO THE SERVICE
- License. Subject to the terms and conditions of this Agreement, YumCrust grants you a limited, nonexclusive, and non-transferable license to the extent necessary and required to access, explore, and otherwise use the Service.
- Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, whether in whole or in part, or any content displayed on the Service; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; (c) you shall not access the Service in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Service shall be subject to this Agreement. All copyright and other proprietary notices on the Service (or on any content displayed on the Service) must be retained on all copies thereof. You agree to use the Services only for purposes that are permitted by (a) this Agreement; (b) any applicable law, regulation, generally accepted practices, or guidelines in the relevant jurisdictions; and (c) any other applicable rules (including, without limitation, Facebook, Twitter and other social media platform rules).
- Modification. YumCrust reserves the right, at any time, to modify, suspend, or discontinue the Service (in whole or in part) with or without notice to you. You agree that YumCrust will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service or any part thereof.
- Ownership. Excluding any User Content that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Service and its content are owned by YumCrust or YumCrust’s suppliers. Neither this Agreement, nor your access to the Service, shall be deemed to transfer to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in this Agreement. YumCrust and its suppliers reserves all rights not granted in this Agreement. No implied licenses are granted under this Agreement.
4. YumCrust Services
You may order food through the Service to be cooked and delivered from Food Provider or other sources of food in cities throughout the United Kingdom and other territories where YumCrust provides such services.
YumCrust is not a Food Provider or restaurant or food preparation unit. The Food Providers and other food sources available on our Service (collectively, the “Food Providers”) operate independently of YumCrust. The Food Providers are required to comply with local laws, rules, regulations, and standards pertaining to the preparation, sale, and marketing of food, including, without limitation, food business registration from the council, hygiene training, food preparation and safety and menu disclosure. YumCrust is not liable or responsible for the Food Providers' food preparation or safety and does not verify their compliance with all applicable laws. In addition, YumCrust does not guarantee the quality of food they sell, nor does it guarantee the services provided by them, including, without limitation, in those cases where they provide the delivery services or engage another third-party delivery service. YumCrust does not independently verify, and is not liable for, representations made by Food Provider regarding their food, including, without limitation, any menu or descriptors or disclosures. YumCrust shall not be liable or responsible for any delivery services provided by Food Providers or any subcontractors of Food Providers, or any errors or misrepresentations made by any of them or any damages or theft caused by them.
- Account Creation. In order to use the Service, User must register for an account ("Account") certain information about yourself as prompted by the account registration form.
- You must provide your first name, last name and your email address.
- ii. You must provide your phone number at the time of registration of an account, since OTP is sent to verify your sign in account, without providing phone number You cannot have access to our services.
You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. YumCrust may suspend or terminate your subscription and/or Account in accordance with this Agreement.
- Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and for all activities that happen under your Account. You agree to immediately notify YumCrust of any unauthorized use or suspected unauthorized use of your Account or any other breach of security. YumCrust is not and will not be liable for any loss or damage arising from your failure to safeguard and protect your login or security information, or any direct or indirect failure by you to otherwise comply with the above requirements.
- No Liability for User Interactions. YumCrust may monitor communications and interactions on the Service. Any liability, loss, or damage that results directly or indirectly from any interactions among Users, and/or others is solely the responsibility of you, and/or the other Users involved in and/or participating in such interactions.
- No Liability for the Content Posted by YumCrust: YumCrust will create content on behalf of You and post it on the Service. YumCrust shall not be held liable for any liability, loss, or damage that results directly or indirectly from such content posted on the Service on behalf of You.
6. USING YUMCRUST
- You may create and hold one account on YumCrust for your personal use (an “Account”).
- You may sign up for YumCrust order terminal by paying additional charges.
- In consideration of the use of the YumCrust services contained therein, you agree that you are able to create a binding legal obligation with YumCrust, and you also agree to: (a) provide true, accurate, current, and complete information about yourself, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current, and complete.
- If the User is a minor or under 18 years age, must be supervised by their parent or legal guardian to use the YumCrust services, and such minor Users parent or legal guardian must give their consent to this Agreement. Notwithstanding the foregoing, User are not authorized to use the YumCrust if the Users are under the age of 13.
- If you are using the YumCrust on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to this Agreement and you agree to be bound by this Agreement on behalf of that organization.
- If you provide any information that is untrue, inaccurate, not current or incomplete, including, without limitation, having an invalid or expired payment method on file, or if YumCrust has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, YumCrust has the right to block your current or future use of the Service (or any portion thereof) and/or terminate this Agreement with you.
- If your Account is cancelled for any or no reason, you may forfeit any pending, current, or future account credits or promotional offers and any other forms of unredeemed value in or associated with your Account without prior notice to you.
- You may use YumCrust equipment by paying a deposit to YumCrust. Upon termination of your contract, you may get refund of the deposit paid for the equipment provided the equipment is returned in its original condition (except for usual wear and tear). YumCrust may in its sole discretion either refund or refuse any refund depending on the condition of the equipment.
7. PAYMENT POLICY
- Certain features of the Service, including, without limitation, the placing of orders, may require you to make certain payments, these payments are final and non-refundable, unless otherwise determined by YumCrust.
- YumCrust will charge, and you authorize YumCrust to charge, the payment method you specify at the time of purchase. If you pay any amount with a credit card, YumCrust may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has credit available for your intended purchase. In the event YumCrust advances payment for any of your orders placed via the YumCrust, YumCrust may separately send you invoices for payment of those advanced amounts. In the event that you fail to pay such invoices within thirty (30) days of the date of such invoice (the “Payment Due Date”), you grant YumCrust the right, but not the obligation, to charge the credit card you provide with your Account at any time after any Payment Due Date, unless prohibited by law.
- YumCrust reserves the right to apply, remove, and/or revise prices, fees, and/or surcharges for any or all services or goods obtained using the services at any time. YumCrust may also, in its sole discretion, make promotional offers with different features and different rates to any or all our customers. Unless made to you, these promotional offers will have no bearing on your obligation to pay the amounts charged.
- All card transactions are subject to 2.5% bank payment processing charges.
- Responsibility for Users Content. Users are alone responsible for their Content. Contents once posted to YumCrust may always not possible to be withdrawn or removed. You shall assume all risks associated with your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You represent that you own or have the necessary permissions to use and authorize the use of their Content as described herein. You may not indicate that your Content is in any way sponsored or endorsed by YumCrust.
- User may expose themselves to liability if, the Content contains material that is untruthful, intentionally misleading, or defamatory, violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, contains material that is unlawful, including illegal hate speech or pornography, exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates these Terms.
- YumCrust Right to Use Your Content. We may use Your Content in number of different ways, including by reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it. You hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use your Content for any purpose. Please note that you also irrevocably grant the users of the Service the right to access User Content in connection with their use of the Service. Finally, User irrevocably waive, and cause to be waived, against YumCrust and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyse, commercialize, and prepare derivative works of User Content.
- Ownership. As between User and YumCrust, you own Your Content. We own the YumCrust Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, and arrangement of User Content and other Service Content), computer code, products, software, aggregate user review ratings, and all other elements and components of the Service excluding User Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the YumCrust Content and the Service, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of the YumCrust Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant User any express or implied rights, and all rights in and to the Service and the YumCrust Content are retained by us.
- Advertising. YumCrust and its licensees may publicly display advertisements, paid content, and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to You.
9. BOOKING, TRANSACTING AND CANCELLATION
- Generally. You can access features through the Service that allow You to book or transact online with local Food Providers, to order food. These features may be provided by Food Providers, and their use may be governed by different or additional terms presented to You as part of the booking or transaction process. Please note that Food Providers are responsible for fulfilling such bookings and transactions.
- Payments and Cancellations. You may cancel your contract with YumCrust at any time by giving 30 days written notice to YumCrust. You may be required to provide your credit card information to confirm a booking, and will be charged any applicable fees, including cancellation fees in accordance with the cancellation policy provided at the time of booking. You shall agree that YumCrust may facilitate any such payments and charges on behalf of the Food Provider.
- Promo Codes. YumCrust may, in YumCrust’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that YumCrust establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by YumCrust; (iii) may be disabled by YumCrust at any time for any reason without liability to YumCrust; (iv) may only be used pursuant to the specific terms that YumCrust establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. YumCrust reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that YumCrust determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
10. REPRESENTATIONS AND WARRANTIES
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage You to inform us if You found another user violating the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
- You represent and warrant that:
- You have read and understood our Terms.
- You also represent and warrant that you will not, and will not assist, encourage, or enable others to use the Service to:
- Violate our Terms;
- Post any fake or defamatory review, trade reviews with others, or compensate someone or be compensated to post, refrain from posting, or remove a review;
- Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service’s search results, review, or any third-party website;
- Solicit personal information from minors, or submit or transmit pornography;
- Violate any applicable law;
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Service Content (other than Your Content), except as expressly authorized by YumCrust;
- Use any robot, spider, Service search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Service or any Service Content;
- Reverse engineer any portion of the Service, unless applicable law prohibits this restriction, in which case you agree to provide us with 30 days’ prior written notice at firstname.lastname@example.org
- Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
- Record, process, or mine information about users;
- Access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable database of business reviews;
- Reformat or frame any portion of the Service;
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on YumCrust’s technology infrastructure or otherwise make excessive traffic demands of the Service;
- Attempt to gain unauthorized access to the Service, Accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
- Use the Service or any Service Content to transmit any computer viruses, worms, defects, Trojan horses, malicious code, spyware, malware or other items of a destructive or harmful nature;
- Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
- Use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or Service Content; or
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Service Content, or features that enforce limitations on the use of the Service.
11. SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents or proposals (“Feedback”), You agree that (i) Your Feedback does not contain any third party confidential or proprietary information, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, (iv) we have no obligation to review, consider, or implement the Feedback, or to return to you all or part of the Feedback, and (v) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against YumCrust and its users any claims and assertions of any moral rights contained in such Feedback.
12. THIRD PARTY CONTENT AND SERVICES
The Service may host Third Party Content or include links to other websites or applications (each, a “Third Party Service”). We do not control or endorse any Third-Party Content or Third-Party Service. User agrees that we are not responsible for the availability, accuracy, or content of any such Third-Party Content or Third-Party Service. Users use of and reliance on any Third-Party Content or Third-Party Service is at their own risk.
Some of the services made available through the Third Party Services may be subject to additional third party terms of service, privacy policies, licensing terms and disclosures, and other terms, conditions, and policies, including without limitation the ones posted here. It is Users responsibility to familiarize themselves with any such applicable third-party terms.
You agree to indemnify, defend, and hold harmless YumCrust, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, contractors and representatives of each of them (collectively, the “ YumCrust Entities”) from and against any and all third party claims, actions, demands, losses, damages, costs, liabilities and expenses (including but not limited to attorneys’ fees and court costs) arising out of or relating to: (i) your access to or use of the Service, including your Content, (ii) your violation of the Terms, (iii) your breach of representations and warranties provided under these Terms, (iv) any products or services purchased or obtained by you in connection with the Service, (v) Your products or services, or the marketing or provision thereof to end users, or (vi) the infringement by You, or any third party using your Account, of any intellectual property or other right of any person or entity. YumCrust reserves the right, at your expense, to assume the exclusive defence and control of any matter for which User are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any such matter without the prior written consent of YumCrust. YumCrust will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
14. DISCLAIMER AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE YUMCRUST TO USERS. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS USER MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. BY ACCESSING OR USING THE SERVICE, USER REPRESENT THAT USER HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. USERS ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS. THE SERVICE AND SERVICE CONTENT ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE YUMCRUST MAY NOT MONITOR, CONTROL, OR CHECK USER CONTENT OR THIRD-PARTY CONTENT. AS SUCH, USERS USE OF THE SERVICE IS AT THEIR OWN DISCRETION AND RISK. THE YUMCRUST MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE SERVICE, ITS SAFETY OR SECURITY, OR THE SERVICE CONTENT. ACCORDINGLY, THE YUMCRUST IS NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICE’S INOPERABILITY, DEPLETION OF BATTERY POWER OR OTHER IMPAIRMENT OF DEVICES USED TO ACCESS THE SERVICE, SERVICE UNAVAILABILITY, SECURITY VULNERABILITIES OR FROM USERS RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT OR OMISSION OF CONTENT, ORDER, AND DISPLAY), METRICS OR OTHER CONTENT FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SERVICE. THE YUMCRUST ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE FOOD PROVIDERS OR BUSINESSES OR ADVERTISERS LISTED ON THE SERVICE OR THAT OFFER GOODS OR SERVICES THROUGH THE SERVICE, OR THE SERVICE’S USERS. ACCORDINGLY, THE YUMCRUST ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE FROM ANY SUCH THIRD PARTY’S ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE FOOD PROVIDERS LISTED OR FEATURED ON THE SERVICE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE. THE YUMCRUST MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE YUMCRUST IN CONNECTION WITH THE SERVICE, OR (ii) GBP 100. THE YUMCRUST WILL NOT BE LIABLE FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS OR REVENUE, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, (v) LOSS OF INFORMATION OR DATA; OR (vi) LIABILITY WITH RESPECT TO A CONSUMER ALERT POSTED ON ANY YUMCRUST BUSINESS PAGES FOR YOUR BUSINESS.
You understand and agree that we may stop offering the Service at any time. We may cancel your Account, delete all your registration information and User Content you have provided to us at any time, without notice, for any reason or no reason including, without limitation, your violation of this Agreement. We will not be liable for any damages or loss resulting from the removal of any User Content from the Service. You may cancel your Account at any time by giving 30 day written notice of termination. We reserve the right to temporarily or permanently restrict or block access to the Service to any Users who have had their Accounts cancelled.
- Governing Law and Jurisdiction. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales. Disputes or claims arising in connection with the Services shall be subject to the exclusive jurisdiction of the English courts.
- Electronic Communications. The communications between you and YumCrust use electronic means, whether you use the Service or send us emails, or whether YumCrust posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from YumCrust in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that YumCrust provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hard copy writing. The foregoing does not affect your non-waivable rights.
- Third Party Rights. The provisions contained herein pertaining to disclaimers, exclusion of warranty, limitation of liability, and indemnification are for the benefit of YumCrust and its officers, directors, employees, agents, representatives, affiliates, third party providers, and partners. Each of these parties shall have privity of contract with respect to such terms to the extent necessary to assert and enforce these provisions directly against you on its own behalf.
- Entire Terms. This Agreement constitutes the entire agreement between you and us regarding the use of the Service. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. For the avoidance of doubt, the relationship between any User and YumCrust is that of an independent contractor, and neither party is an agent or partner of the other. The relationship between YumCrust and each User will be that of independent contractor, and neither of us nor any of our respective officers, agents or employees will be deemed, held, or construed to be partners, joint venturers, fiduciaries, employees, or agents of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without YumCrust’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. YumCrust may freely assign this Agreement. The terms and conditions set forth in this Agreement shall be binding upon assignees.
- Headings. The headings used in this Agreement are included for convenience only and shall not limit or otherwise affect the terms and conditions herein, nor the shall they limit, influence, or otherwise affect the interpretation of the terms and conditions contained herein.
- Severability. The terms and conditions contained herein shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
- Copyright/Trademark Information. Copyright © 2019 YUMCRUST, All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
- Contact Information:
Abiyan Limited International House 24 Holborn Viaduct London EC1A 2BN
FOOD PROVIDER BUSINESS TERMS
The following terms (“Business Terms”), in addition to the Terms of Service above, govern your access to and use of your Food Provider Account. In the event of any conflict between these Business Terms and the Terms of Service, the Business Terms apply. If you have purchased products or services from YumCrust on behalf of your business (e.g., advertising or business tools), the terms of that purchase apply in the event of any conflict with these Business Terms. Capitalized words used but not defined in these Business Terms have the meanings described in the Terms of Service. By creating, accessing, or using your Food Provider Account, you are agreeing to these Business Terms and concluding a legally binding contract with YumCrust. You are not authorized to create, access, or use a Food Provider Account if you do not agree to these Business Terms.
Please read these Business Terms carefully as they require the use of arbitration on an individual basis to resolve disputes, rather than trials or class actions, and also limit the remedies available to you in the event of a dispute.
In the event of any termination of these Business Terms, whether by you or us, these Business Terms in their entirety will continue in full force and effect.
REPRESENTATIONS AND WARRANTIES
- You represent and warrant that:
- you have the authority to act on behalf of the business or businesses associated with your Food Provider Account and bind any such business to the Business Terms (such business or businesses, your “Business”);
- you have the food business registration certificate with the council and have undergone the hygiene training;
- you will source ingredients for food from the authorised list of vendors.
- your access to or use of the Service will only be in your capacity as an authorized representative of your Business;
- you will not use the Service for business activities, including but not limited to flagging reviews or messaging people who have reviewed your Business;
- your Business complies with applicable laws and does not offer or advertise illegal products and/or services; and
- you agree that we may contact you, by phone or email, using the contact information you provide us, make publicly available, or that we have on record for your business, and that our calls with you may be monitored and recorded for quality purposes.
- You also represent and warrant that you will not, and will not authorize or induce any other party, to:
- offer incentives of any kind, such as discounts, freebies, refunds, gift cards, contest entries, offers, or deals in exchange for the posting of reviews of your Business, or to prevent or remove reviews, and you understand and acknowledge that YumCrust, through its Consumer Alerts, may publicly notify consumers about such incentives and other attempts to obtain, prevent, or remove reviews;
- solicit or ask for reviews from your customers;
- write reviews or vote on Content (e.g., voting user reviews as useful, funny, or cool) for your Business or your Business’s competitors;
- pay or induce any third party to post, refrain from posting, or remove reviews, or otherwise attempt to circumvent YumCrust’s Software (defined below) and fraud detection systems;
- attempt to generate automated, fraudulent, or otherwise invalid ad impressions, inquiries, conversions, ad clicks, or other actions;
- use any automated means or form of scraping or data extraction to access, query or otherwise collect YumCrust data, content and/or reviews from the Service, except as expressly permitted by YumCrust;
- use any YumCrust trademarks in any manner without YumCrust’s prior written consent; or
- misrepresent your identity or affiliation to anyone in connection with YumCrust.
- You understand and acknowledge that YumCrust allows consumers to post Content about your Business, including photos, ratings, and reviews. You understand and acknowledge that YumCrust employs automated software in an effort to showcase the most reliable and useful reviews while displaying other reviews less prominently (“Software”). You understand and acknowledge that while YumCrust uses its Software to identify potentially less helpful reviews, the Software may sometimes suppress legitimate reviews or fail to detect illegitimate reviews. You understand and acknowledge that any purchase of advertising or other paid features from YumCrust will not influence the Software or otherwise allow or enable You, directly or indirectly, to alter reviews or impact whether, where, or how reviews appear on YumCrust.
- You agree and acknowledge that you are liable for any claims of personal injury or allergies or illness or damages or any other claims made by consumers arising from the transaction through the Service or from the use of the food that you supply. You are responsible for the hygiene of the food you provide to the consumers.
- You agree and acknowledge that you are liable for any claims of personal injury or theft or damages or any other claims made by consumers while they visit your premises on your invitation.
- You agree and acknowledge that you are liable for any claims of personal injury or theft or break-in or damages or any other claims made by consumers while delivering the food at consumers address.
- Fees & Payment. YumCrust reserves the right to charge fees and to require payment of such fees for any or all Services used by you. Access to our Services is subscription based. You agree to pay all applicable fees and charges in connection with Services selected or used by you. YumCrust reserves the right to change its prices and to institute new fees and other charges at any time and may, at its discretion, provide notice via email or by posting on the Service. Your use of the Services following this notification constitutes your acceptance of any new or increased charges and/or fees. Any fees paid hereunder are non-refundable.
- Contract between Food Provider and Consumer. Any sale of food made by you on YumCrust is a legal contract between you and the consumer to provide the promised food quality.
- Refund for Poor Quality. You agree and acknowledge that we may recover the refunds that consumer would be entitled to in the event of poor food quality resulting from unhygienic conditions.