Terms of Service – YumCater

We are grateful for the interest you have shown in the services that we offer through our company YumCater,  (“YumCater,” will henceforth be referred to as “we,” or “us” and our website at yumcater.com, together with our other connected websites, networks, applications, and the many other services that we provide will be collectively termed as “Service”). The Terms of Service listed in this document form a contract between you and YumCater specifying your interaction or use of the Services that we provide. The terms of the contract are legally binding and you must read the terms used in this document carefully. When you choose “I accept,” you are acknowledging that you have already read and understood, and therefore agree to our terms and conditions that are binding. You also hereby accept the YumCater privacy policy and our terms. If you are not qualified or disagree with our terms, it would mean that you do not have the go-ahead from us to use our services. The terms listed here also stipulate that all disagreements arising between you and YumCater will be settled by a neutral third-party. You hereby agree to forfeit your rights to go to court; neither do you have the rights to defend what is listed in this contract, apart from matters that will come under the purview of the small claims court. Your rights will be decided by a neutral third-party and not by a judge or jury as in court, and your claims will not be termed under the head, class action. Section 19 explains Dispute Resolution and Arbitration for further information on the terms of your contract to settle any differences that may arise with YumCater.

YumCater Services – An Overview

In essence, our services bring together businesses that need catering services, hereby referred to as our Customers, with food businesses such as restaurants and suppliers of food, beverages, and other relevant catering delivery services henceforth referred to as Vendors. We connect everyone through our comprehensive services dashboards, to be referred to as Dashboards. By overseeing these active dashboards, our Customers can interact with YumCater for the all the food, beverages and catering services that they may ever need. Every order will be termed, simply as an Order. We will provide feedback to Vendors on behalf of our Customers who have placed orders to them.

Who is Eligible?

Our Customers have to be at least 18 years to be eligible to use the Services that we provide. When you consent to the Terms listed here, we assume the following three points:

(a) You are over 18 years old

(b) You have never on an earlier occasion been suspended or been asked to be relieved from the terms of our Services; and (c) Your registration and the use of the Services we provide are in accordance with the laws and regulations prevailing in our country. If you are representing another entity, organization, or company and wish to use our Services, you agree that you are a representative and are therefore authorized to act on behalf of the said entity, organization or company to abide by the terms and conditions laid out for the use of our Services.

Accounts and Registration

An account must be registered or created to get all the benefits of our services. You may be requested to share with us with some information about yourself which includes your email details as well as with certain other information. The information you provide to us must be authentic and must be updated regularly if there is any change. A password is required to protect your account. You are accountable for keeping your password confidential and are responsible for any activities that take place in your account with us. If you, at any time, feel the security of your account has been compromised, you must contact us at once at support@yumcater.com

Payment

There is no charge for accessing your account.  However, if you use our services such as placing an Order, you will have to pay the specified charges for the products or services that you ask for including any other additional fee that might be levied. These additional payments or fees will come under the purview of another agreement that will be drawn up with YumCater. Please ask for complete details for all additional expenses that you might incur when you order services through YumCater.

Your Content

In a few sections of our Customer interface, customers can put up their content that might include things like messages to the service provider, reviews, and photos, even videos, and images, supplemented by text descriptions of the services they require. You have copyright on this content, referred to as User Content, which is your property.

Limited License grant to YumCater. When you add User Content, you are giving YumCater the rights to use this additional content everywhere in a manner that is non-exclusive and does not attract royalty. You give YumCater paid rights and the license, as well as the authority to sublicense, host or store, manifest or send out, reproduce and modify in a manner that is appropriate for displaying and transferring this User Content – in part or whole in a format currently used at YumCater or one that will be used on our media channels henceforth at a later date in regards to the Service.

Limited License Grant to Others: When Customers post content to YumCater’s Orders section, others who are using the Services offered by YumCater, have a non-exclusive license for obtaining and using this User Content as laid out by the conditions of the service agreement drawn up with YumCater.

User Content Representations and Warranties. User content posted by you is at your discretion and you are responsible for any repercussions that may result due to posting this content. Through writing or posting your own content you agree, accept and guarantee that: a. the source and ownership of the User Content lies with you, and that you have the legal rights, copyrights, patents, and agreements to authorize YumCater and our other product users to use and disseminate the Content that you may post as necessary to execute the licenses that you have agreed to in this part of the contract according to how it has been determined by YumCater’s Services, and their Terms; and b. your Personal Content, and YumCater’s use of your Personal Content as stated by these Terms, do not and will not: (i) violate or misappropriate the rights of a third-party in regard to issues such as copyright, trademark, and patents; this also includes items such as trade secrets, rights of publicity, privacy and moral rights or other types of rights that come under the purview of intellectual property rights or similar laws that violate other infringements; (ii) slander or defame, including invasion of the right of privacy or libel, publicity or other property rights owned by any others; or (iii) cause YumCater to violate laws and regulations.

User Content Disclaimer. The content that you post is under your discretion and we are not entrusted to control or tamper with your User content. YumCater, though, retains the right to without any warning, to delete, edit, or block any or all of the User Content that has been found to violate these Terms or is otherwise inappropriate, after careful evaluation. You acknowledge that upon using our service, you are likely to encounter User Content from a myriad of sources and understand that User Content could be wrong, rude, inaccurate, opinionated or objectionable. You consent to refrain from any legal or impartial right or rectification you have or can possibly have against YumCater with regards to User Content. We disclaim all obligations with regard to the content used. If any user does not follow our terms of use and this is pointed out by another user, we have the right to check out and decide arbitrarily whether or not the aforementioned User Content, should be removed; and if we do, it is our right to do so, without warning. YumCater does not allow copyrights to be violated in the services we provide.

Digital Millennium Copyright Act

DMCA Notification. We abide by the Digital Millennium Copyright Act that applies to Internet service providers (17 U.S.C. § 512, as amended). Should you have an intellectual property rights-related issue about content on our dashboards, you may address the issue to our appointed officer at the following address:

YumCater ATTN: Legal Department (Copyright Notification)  Email: copyright@yumcater.com 4315 Moraga Ave, San Diego CA, 92117

Any claim that content hosted by or disseminated through our dashboards is an infringement or violation of someone’s intellectual property rights must be accompanied with an electronic or physical signature of the individual who has been authorized to represent the proprietor of the copyright or other right being breached; also required is a summary of the patented work or intellectual property right that you claim has been breached; the claim must also have an explanation of the content that you assert is being breached upon and the location of the said content on our dashboards or services. Please mention your details such as telephone number, email address, and address and a statement from you that you believe that the copyright owner did not mean his work to be used by another in this manner, including under the law. Please also attach a letter stating that you believe this information to be exact and that, under penalty of perjury, you have the copyright and are the intellectual property holder or are a representative of the copyright or intellectual property owner.

Repeat Violators. YumCater will immediately terminate, without warning, those user accounts that are judged by YumCater to be “Repeat Violators.” Repeat Violators are those users who have been informed of their illegal acts or have had content deleted from the service at least twice on earlier occasions.

Prohibited Conduct.

By availing of this service, you agree never:

To use YumCater’s services in any illegal manner or to violate any laws of the land, locally, regionally, nationally, and internationally.

To use YumCater’s Services to infringe or allow anyone else to violate the rights of another user or breach any intellectual property rights of a third-party.

To disseminate or distribute content that can be perceived by another as unlawful, defamatory, inaccurate, seemingly objectionable or profane, indecent or rude to another user. The language should be appropriate for business use and never be perceived as threatening, inflammatory or aggressive.

To tamper with certain safety features within the Service, such as (a) stopping and disabling these features that have been built-in to ensure that content is not illegally copied; or (b) tampering with the software codes used to run the Service. This applies to all source codes, except as permitted by certain laws;

To prevent YumCater’s services or prevent any of our customers from enjoying our Service, by willfully introducing a virus, spyware, or malicious code or worm or by enforcing advertisements or making unsolicited offers to other users of our Services. There also should be no attempt at trying to extract personal information pertaining to our Customer base or of any user or third-party unless it has been agreed upon by them. Neither can users interfere with or attempt to jam our network and servers through which the service is provided or tamper with equipment or interfere with any policy or rule in use by the network.

To attempt any form of illegal activity such as impersonating another person or saying that you are the representative of another company when you are not. You are prohibited from accessing anybody else’s account unless authorized to do so. Also, ensure that all records about your age and birthdate are accurate and can be substantiated.

To sell or transfer access codes given to you under this contract including access to Materials (defined in later sections such as 12) that you are allowed to view under this contract.

To execute any of the actions described above as part of section 7. You also undertake never to help or allow any other person to do any of the actions described here.

Third-Party Services and other Linked Websites

This contract with YumCater will give you access to tools that will allow you to export content through features enabled in our content section to third-party services. You can link your account on YumCater with accounts of a third-party service. This will include links on Twitter or Facebook and by using third-party buttons that will enable you to “like” and “share” content. When you use any one of these methods, you consent to our transferring that content to the third-party service in question. However, YumCater has no control over how the third-party will use that exported information and are not accountable for how that may be used. We are also not responsible for the content on the links to third-party websites that this service also contains.

Termination of Use

Termination and amendments to the Service: Write to customer service at support@yumcater.com to cancel your account at any time should you so choose. You are accountable for paying any outstanding fees if any were incurred before the termination of your account. YumCater has the right to make your account non-operational automatically if you breach any provisions of these terms. YumCater also reserves the right, with or without notice, to end your user account or withhold access to the service citing a reason or for no reason. We also retain the right to amend or terminate the service at any time (including by curbing or ending certain features of the service), temporarily or permanently, without warning to you. If your account is terminated or suspended, we have no obligations whatsoever and cannot be held accountable.

Privacy Policy; Additional Terms

Privacy Policy. You may go through the YumCater Privacy Policy in detail for data pertaining to the way we will represent and collate information about your personal data and business requirements. The YumCater Privacy Policy is integrated by reference to these terms and made an integral part of them.

Additional Terms. As you avail of our Services, other additional policies, clauses and rules govern your usage of these Services and features. These we offer to our customers through links to the services provided, that are described as “Additional Terms”). These include items like end-user license agreements that may apply especially to certain software applications that you will be using or downloading for a better interface. Alternatively, it could refer to guidelines pertaining to certain features or part of the Service, such as described in Section 11. All Additional Terms, therefore, form a part of this service and are integrated in the terms listed here.

Amendment of these Clauses

We retain the right, according to our judgment, to change certain Terms in the present or future, with a week’s warning to our customers. Do refer to these clauses intermittently for amendments, if any. If alterations to these clauses actually change your rights, you might have to accept the amended Terms on an as-is basis to continue using our Services. The changes listed will become binding when you accept our modified clauses. Insignificant amendments are effective as soon as these are announced. Any contentions because of these Terms will be dealt with the rules contained in the clauses operational at the occurrence of the disagreement or discord.

Ownership; Proprietary Rights

The service operator and owner are YumCater. The dashboards’ graphic interface, the information and data besides the programming of computer codes such as the source code and object code, besides the list of materials and services, and more features of the Service put up by YumCater are its intellectual property and protected by laws. All information materials and dashboards offered as Services are owned by YumCater or the third-parties licensed by us. You cannot use the materials unless permitted by YumCater. Otherwise, YumCater owns all other materials that may or may not be included here.

Feedback

If you want to give any feedback pertaining to issues with or with the proposed amendments or have suggestions for bettering the Service, your feedback is welcome.  This “Feedback” that you will provide means that you bestow upon YumCater a non-exclusive, and royalty-free right to use or incorporate this feedback within their service in any context they deem fit, including in enhancing the Service or in introducing new products and services, as a result, thereof.

Indemnity

As a customer, you will be held accountable whenever you avail of our services. It is your liability to secure YumCater and its Entities and ensure that its officers, directors, employees, consultants, affiliates, subsidiaries and agents do not face any claim, liability, damage, loss, and expense as well as attorneys’ fees and costs. These eventualities  may occur when you wrongfully avail of the Service and breach either or a part of these Terms, or any representation, warranty, or agreement mentioned herein, as well as  a law or regulation that may be applicable; (c) you breach a third-party right, which may cover intellectual property, publicity, and confidentiality,  as well as property and privacy issues; (d)  not excluding any dispute or issue  that may arise between you and a third-party, while making use of the Service. However, we retain at our cost, the right to own and control any other issue liable for indemnification by you. This, however, doesn’t amount to reducing your indemnification liabilities with regard to that subject; and in that instance you must consent to agree with our stake to the claim.

Disclaimers

Whatever services, material and content procured through this service are in its present form and format without any guarantee, either stated or specified. Yumcater denies warranties of all sorts, direct or implied, pertaining to the data, services and information that the service provides such as any consequent warranties of merchandise, or of their suitability for something particular as stated, or whatever is implied by the name of the product or its description. Neither does it contain any guarantee arising out of its usage or when used in a sale or consumption of any kind. Yumcater also does not guarantee that the services you ask for or any part of the service you ask for through us will remain continuous, error-free and free of bugs and viruses. Yumcater cannot guarantee that these defects, if any, will be rectified if they creep in. No suggestions and factual information, verbal or stated that has been got from the service or through information or text contained in our dashboards are liable to be covered by warranty by Yumcater’s other entities or services that are not directly discussed here in this contract. The Yumcater entities and services deny all liability that may occur as a result of personal injury or damage to property that may happen by your use both of service and user content that you have access to through our dashboards. You agree to take upon all risks for anything that may cause you injury or damages because of you using our services or because of your engagement with one of our service users or providers, and because of using any materials or content that you have accessed through services provided by YumCater. You agree, at your own judgment and risk to use whatever services provided through our dashboards and through our user content, including through the associated sites or services that you may access through our service. You undertake responsibility for injury or damage as described earlier including to the computer or mobile device you use to access this service. Damages could also include data loss as a result of interaction with the service, its downloading or use of content or material. In some areas, there are laws that prohibit a disclaimer of guarantees. The laws may vary in different locations.

Limitation of Liability

YumCater entities will not be accountable for damages whether indirect or incidental, unique, or subsequential that may occur because of profits dipping or because of loss of goodwill as a result of using or not being able to use our services and user content; neither is YumCater liable for losses that occur based on warranty or executions of contracts, or through infringement or negligence – and this even when YumCater could have prior knowledge of a possible future loss to some aspect of a customer’s dealings. Except as mentioned in section 19.4(iii), the combined liability of all YumCater entities to you for claims that you may make either emanating from or related to your failure to obtain a part of the service subscribed to whether through contract, tort, or otherwise, is either less than the amount you have paid to YumCater for access to and use of the service in the 12 months prior to your complaint or in the situation that eventually leads to a claim or to a total not exceeding $100. In some regions, the exclusion or limitation of liability for consequential/incidental damages is not allowed. Therefore, this may not pertain to you. The terms stated here outlines scenarios that allow the limitation of liability and for disclaimer of warranties, and are based on situations that exclude damages but yet discuss the possible risks that may befall you as a result of a contract between you and YumCater. This is an inherent part of the contract between you and Yumcater. Each Term outlined here can be discontinued irrespective of other clauses in this contract. The preconditions laid out in this section 16 will not be binding even if a suggested remedy is not able to meet its minimum stated claim.

Governing Law

These conditions are applicable in the State of California and are not in conflict with the law prevalent there. If lawsuits or court proceedings are allowed under these Terms, then you and YumCater agree to be governed by the jurisdiction of the state courts and federal courts within the San Diego County, California should any litigation arise. These services are not available for use in other states or locations. We run this service from our offices in California.

General

These conditions, in conjunction with the Privacy Policy and other agreements directly included by reference in this contract, form the basis for a full and exclusive deal based on mutual terms agreed upon between the two parties. Only authorized representatives from the concerned parties can amend these terms. Our prior written consent is required to transfer these terms or your rights, by law or in any other way, partially or completely. We may assign these conditions at any time without warning or approval by you. The inability to execute a clause will not bind us to meet performance criteria at any other time thereafter, nor will our overlooking of any discrepancy at your end mean that a similar repetition is allowed later. Subheads have been used here to facilitate understanding but will not alter any meaning listed in the provisions. If any point of these clauses is held to be inadmissible or non-binding, the non-binding part will be given relevance to the maximum level permissible, and the rest will remain fully applicable. On conclusion of these conditions, Sections 2, 4, and 6 through 20, in conjunction with the Privacy Policy and any other concurrencies, will persist.

Resolving Conflicts and Arbitration

In principle, to resolve disagreements between the customer and YumCater quickly, effectively and economically, the two parties agree that every conflict originating from these conditions will be sorted by a neutral third-party. The verdict will have to be adhered to by both parties. This method is quicker and more effective than a formal lawsuit. In place of a judge or jury, arbitration permits a more economical and less bureaucratic procedure than a court of law. Generally, the proceedings and damages awarded through procedures of such nature are similar to what a court action will amount to. A neutral third-party can look into all kinds of disagreements pertaining to claims as a result of violation of any of the terms or conditions listed in this document or as a result of a breach in the contract or because of things like distortion of facts – and this irrespective of whether a claim is made even after the contract expires. You agree that by signing this contract, you, the customer and YumCater, the service provider, both agree to forfeit the right to go to court or be embroiled in a class action.

Exceptions: But whatever has been listed in the section above does not mean that you are forgoing your right to take individual action to the small claims court or to go ahead with enforcement actions that come under the purview of the state, federal or local law enforcement agency. It also does not preclude both parties seeking injunctive relief in a law court going ahead with a suit in a court if an intellectual property right has been breached.

Arbitrator. Any resolution between you and YumCater will follow the Federal Arbitration Act, and will come under the purview of the rules of the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes which together are referred to as the AAA Rules or the American Arbitration Association rules. The resolution, will, therefore, be supervised by the AAA. Filing forms and copies of the AAA rules can be accessed online at www.adr.org. They can also be obtained by getting in touch with the AAA at 1-800-778-7879, or contacting YumCater.

Notice and Process. Any party or individual, who desires to seek dispute resolution or arbitration, must first mail a statement or letter describing the disagreement to the corresponding entity by certified U.S. Mail or by Federal Express with a valid signature. If the other party does not have a physical address, then a notice must be sent by electronic mail. YumCater’s address for receiving notices is: YumCater, 4315 Moraga Ave, San Diego CA, 92117. The Notice must: (a) state in detail the nature of the claim or contention; and (b) give a specific estimate of the compensation or demand sought. The first action will be to settle the claim directly and amicably, and if the two parties do not arrive at a solution within 30 days of receiving the notice, arbitration proceedings may be initiated by you or YumCater. The estimate of the settlement amount must be listed by you or YumCater but must not be revealed to the appointed third-party neutral arbitrator until he or she arrives at a decision and announces the compensation if any. If the contention is settled with the arbitration ruling going your way, then YumCater will pay you the maximum of the following – the amount decided by the appointed arbitrator, if any; the last documented amount that YumCater is willing to pay in settlement before the arbitrator announces the compensation or $1,000 – in that order.

The settlement proceedings will be at a location decided upon by both parties in San Diego County, California. If the compensation being sought is less than $10,000, the proceedings can be conducted anywhere on the basis of documents given to the arbitrator. Alternatively, it can be settled through telephone hearing. The third method is through an in-person hearing following rules set up by AAA in the county or parish of your billing address. The arbitrator may rule that your claim and the compensation sought is trivial as ruled by the code of standards set forth in the Federal Rule of Civil Procedure 11(b). In such a case, compensation of the fees paid will be made in consonance with AAA Rules. In such a circumstance, you will have to consent to compensate YumCater for all expenses borne by it, as per AAA Rules. In whichever way the arbitration proceedings continue, the arbitrator is bound to provide a logical statement that elaborates the basis of the findings on which the final decision is based. It is up to the arbitrator to formulate proceedings to resolve the matter and decide upon the payment and the fees or the expenses incurred in the course of the proceedings. This can be requested for by either party within a fortnight of the arbitrator’s ruling.

No Class Actions. Yumcater and the customer must consent to file claims against the other individual and not as a plaintiff/class member representing another group.

The arbitrator cannot file on behalf of more customers unless this condition is waived off by both you and YumCater.

Modifications to this section. If YumCater changes its arbitration proceedings, apart from a minor change such as its address for Notice, you retain the right to disregard this change by counteracting it with a written notice sent within 30 days to YumCater’s notice address. In such a case, your account with YumCater will cease at once, and arbitration rules that were in operation just before the new changes were introduced will govern the proceedings.

Enforceability. If the terms listed in Section 19.6 or in the whole of Section 19 cannot be applied for some reason, then this entire Section is to be treated as null and void. In such a case, both parties must consent to abide by the exclusive jurisdiction and venue stated in Section 17 to allow for the resolution of the action that may arise out of or is related to what is written in these conditions

Allowing Email or other form of Electronic Communication

When you choose to use the service, you also agree to receive electronic communications from YumCater as listed in our Privacy Policy that contains a full briefing on our electronic communications procedures. As a signatory to this contract, you also agree that communication such as notices, agreements, disclosures, and such other can be transmitted to you electronically so as to be in agreement with the requirements of legal communication. It is to be treated as any other form of written communication.

Contact Information

The Service is offered by YumCater, located at 4315 Moraga Ave, San Diego CA, 92117. You can address your correspondence to this address or by alternatively emailing us at support@YumCater.com