TERMS OF USE
These Terms of Use (“Terms”) govern your use of the websites and mobile applications provided by Yumm Tumm, a brand from Hafop Foods Pvt Ltd (or referred to as “Yumm Tumm” or “we” or “us”) (collectively the “Platforms”). The services we provide or make available include (a) the Platforms, and (b) the services provided by the Platforms and/or by Yumm Tumm and made available through the Platforms (collectively, “Services”). Any new features added to the Services are subject to these Terms. These Terms govern your use of Services provided by Yumm Tumm.
Please read these Terms carefully. By accessing and using the Platforms, you agree that you have read, understood and accepted the Terms including any additional terms and conditions and any policies referenced herein, available on the Platforms. If you do not agree to or fall within the Terms, please do not access or use the Platforms, or the Services.
The Platforms may be used by (i) natural persons who have reached eighteen (18) years of age and (ii) corporate legal entities, e.g companies. Where applicable, these Terms shall be subject to country-specific provisions as set out herein.
Users below the age of eighteen (18) must obtain consent from parent(s) or legal guardian(s), who by accepting these Terms shall agree to take responsibility for your actions and any charges associated with your use of the Platforms and/or purchase of Goods. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platforms immediately.
Yumm Tumm reserves the right to change or modify these Terms (including our policies which are incorporated into these Terms) at any time. You are strongly recommended to read these Terms regularly. You will be deemed to have agreed to the amended Terms by your continued use of the Platforms following the date on which the amended Terms are posted.
In order to use the Services, you must first agree to the Terms. You can accept the Terms by:
- Clicking to accept or agree to the Terms, where it is made available to you by Yumm Tumm in the user interface for any particular Service; or
- Actually using the Services. In this case, you understand and agree that Yumm Tumm will treat your use of the Services as acceptance of the Terms from that point onwards.
Definitions
Customer
"Customer" or "You" or "Your" refers to you, as a customer of the Services. A customer is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the Services including without limitation.
Content
"Content" will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. "Your content" or "Customer Content" means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, chat communication, profile information, or any other materials that you publicly display or displayed in your account profile.
Translation of the terms
Yumm Tumm may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with Yumm Tumm. Furthermore, if there are any inconsistencies between the English version of the Terms and its translated version, the English version of the Terms shall prevail over others.
Provision of the services being offered by Yumm Tumm
- Yumm Tumm is constantly evolving in order to provide the best possible experience and information to its Customers. You acknowledge and agree that the form and nature of the Services which Yumm Tumm provides, may require affecting certain changes in it, therefore, Yumm Tumm reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.
- We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.
- You acknowledge and agree that if Yumm Tumm disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.
- You acknowledge and agree that while Yumm Tumm may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, Yumm Tumm may set such fixed upper limits at any time, at Yumm Tumm's discretion.
- In our effort to continuously improve the Yumm Tumm Platform and Services, we undertake research and conduct experiments from time to time on various aspects of the Services and offerings, including our apps, websites, user interface and promotional campaigns. As a result of which, some Customers may experience features differently than others at any given time. This is for making the Yumm Tumm Platform better, more convenient and easy to use, improving Customer experience, enhancing the safety and security of our services and offerings and developing new services and features.
- By using Yumm Tumm's Services you agree to the following disclaimers:
- The Content on these Services is for informational purposes only. Yumm Tumm disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Yumm Tumm reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. Unless stated otherwise, all pictures and information contained on these Services are believed to be owned by or licensed to Yumm Tumm. Please email a takedown request (by using the "Contact Us" link on the home page) to the webmaster if you are the copyright owner of any Content on these Services and you think the use of the above material violates Your copyright in any way. Please indicate the exact URL of the webpage in your request. All images shown here have been digitized by Yumm Tumm. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Yumm Tumm.
- Yumm Tumm reserves the right to charge a subscription and/or membership fee in respect of any of its product or service and/or any other charge or fee on a per order level from Customers, in respect of any of its product or service on the Yumm Tumm Platform anytime in future.
- Yumm Tumm may from time to time introduce referral and/or incentive based programs for its Customers (Program). These Program(s) may be governed by their respective terms and conditions. By participating in the Program, Customers are bound by the Program terms and conditions as well as the Yumm Tumm Platform terms. Further, Yumm Tumm reserves the right to terminate / suspend the Customer's account and/or credits / points earned and/or participation of the Customer in the Program if Yumm Tumm determines in its sole discretion that the Customer has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or Yumm Tumm Platform terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, Yumm Tumm reserves the right to modify, cancel and discontinue its Program without notice to the Customer.
- Yumm Tumm may from time to time offer to the Customers credits, promo codes, vouchers or any other form of cashback that Yumm Tumm may decide at its discretion. Yumm Tumm reserves the right to modify, convert, cancel and/or discontinue such credits, promo codes or vouchers, as it may deem fit.
Content
Ownership of Yumm Tumm Content and Proprietary Rights
- We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Services and Yumm Tumm Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You further acknowledge that the Services may contain information which is designated as confidential by Yumm Tumm and that you shall not disclose such information without Yumm Tumm's prior written consent.
- You agree to protect Yumm Tumm's proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others' contractual, statutory, and common law rights in the Services. You acknowledge and agree that Yumm Tumm (or Yumm Tumm's licensors) own all legal right, title and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated as confidential by Yumm Tumm and that you shall not disclose such information without Yumm Tumm's prior written consent. Unless you have agreed otherwise in writing with Yumm Tumm, nothing in the Terms gives you a right to use any of Yumm Tumm's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
- You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Yumm Tumm; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, colour, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the Yumm Tumm's Content in whole or in part except as expressly authorized by Yumm Tumm.
- To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights.
Your License to Yumm Tumm Content
- We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of Yumm Tumm Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, Yumm Tumm Content or our IP Rights.
- Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.
Representations Regarding Your Content
If Your Content is a review, you represent and warrant that you are the sole author of that review; the review reflects an actual dining experience that you had; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to author or post a review that was not a fair expression of your honest opinion.
Content Removal
We reserve the right, at any time and without prior notice, to remove, block, or disable access to any Content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our Customers in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances.
If you have any questions about terms and conditions or need assistance with a refund request, please contact our team at support@hafop.in / hafopfoods@gmail.com or 7075703605.
