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Yumist

By making a purchase or accessing the Mobile Application of Yumist Foodtech Priv


ate Limited ( App ), you agree to the following Terms and Conditions. It is your ow
n responsibility to ensure that you are fully aware of all of these Terms and Co
nditions when making a purchase on www.yumist.com and/or App as applicable.

GENERAL:

App is owned by Yumist Foodtech Private Limited ( Yumist/We ). We reserve the right
to change these Terms and Conditions at any time. Any such changes will take eff
ect when posted on the App and it shall be your responsibility to read the Terms
and Conditions on each occasion you use this App and your continued use of the
App shall signify your acceptance to be bound by the latest Terms and Conditions
.

YOUR INFORMATION:

PERSONAL INFORMATION: Yumist collects personally identifiable information that y


ou may voluntarily provide on online forums, which may include user details, fee
dbacks, comments, online surveys etc. This aforementioned personally identifiabl
e information (Personal Information) collected on our App can include your name,
company name, address, telephone number, email addresses. All information share
d by you on our App is treated as confidential and is kept secure.

NECESSARY INFORMATION: Please note that we only store necessary information requ
ired to make a purchase through our App and we take care not to disclose your Pe
rsonal Information to any third party without your consent. During the time of s
igning up, you have the option of opting in for our newsletters, future offers e
tc. Signing up for this service would entitle us to save your Personal Informati
on for the intended purposes only.

ONLINE PAYMENT: If you chose to pay online through various methods allowed by ou
r App, we assure you that we do not save any information related to your credit/
debit cards or passwords. All the information you provide is processed through a
secure server.

USING THE APP:

1.Products and services displayed on the App do not constitute an offer to sell.
Orders placed by you are offers to purchase particular product under these Term
s and Conditions at the price specified (including delivery and other charges).

2.We reserve the right to accept or reject your offer for any reason (or no reas
on) including, but not limited to, the unavailability of any product, an error i
n the price or product description, or an error in your order. In the event that
we cancel your order, we will provide a full refund of any payment received.
3.Use of the App is available only to persons who can form legally binding contr
acts under Indian Contract Act, 1872.

4.You agree not to access the App through any other interface than provided by Y
umist to you.

5.You agree that your use of the App is a limited license granted by Yumist. Yum
ist reserves its right to discontinue your account without providing you any rea
son thereof.

6.You agree that you are solely responsible for your account details and to keep
your password secure. If you suspect any misuse through your account, you are r
equired to inform Yumist in writing immediately at support@yumist.com.

PRIVACY POLICY:

Our Privacy Policy has been presented in detail on our App. Please review our Pr
ivacy Policy before signing up for using our App. Our Privacy Policy would allo
w you to fully understand our practices.

PRICES:

All Prices declared on the App are exclusive of taxes. Please verify the total p
ayable amount during checkout before placing the order. Our prices are liable to
change anytime without notifying you. You shall be responsible for full paymen
t of the order received by you. All charges payable shall be displayed on the Ap
p, no extra charges would be applicable for these services.

PAYMENT:

You are allowed to choose between various payments options while placing an orde
r on the App. You agree to use your own debit/credit card or bank details for tr
ansaction. Yumist would not be responsible for misuse of your card if all the se
curity checks are verified. You agree that the methods of payment may be updated
from time to time on the App. You agree to review the same and use our App and
suitable payment option accordingly.

The logistics of delivery shall be handled by Yumist. At the time of placing an


order, an estimated time of delivery depending on your location would also be sh
ared with you along with a contact number for tracking status of your order. Ple
ase note that we work our best to ensure that you receive your order as fast as
we can but sometimes due to external factors like traffic, strikes etc., your or
der might take a while longer.

CANCELLATION AND CHANGES:

Please note that all orders shall be considered confirmed unless you cancel the
order before it is dispatched to you. You need to call us in order to cancel you
r order or to change your order before its dispatch. There are no cancellation c
harges if you cancel your order in the given timelines. All the communications w
ill be shared with you on your registered mobile number or email id.

COMPLAINTS AND REFUND:

You can contact us at the phone number provided to you while placing the specifi
c order or email us at support@yumist.com with complete details of the complaint
encountered by you. We shall try to fix the issue amicably.

However if there is any legal dispute, then such dispute shall be handled by a s
ole arbitrator appointed by Yumist under Arbitration and Conciliation Act, 1996.
The language of Arbitration shall be English only and the location shall be Gur
gaon.

LICENSE:

You agree that your usage of the App is a limited license to place an order usin
g the App. This license is to access the App for personal use. You are not autho
rized to modify or download any portion of the App without written consent of Yu
mist. You do not have commercial license to use this App. No part of this App sh
all be used by you for any commercial purpose without written consent from Yumis
t.

INTELLECTUAL PROPERTY RIGHTS:

Yumist, its logo and content displayed on all its App or website (www.yumist.com
) are exclusive intellectual property of Yumist. Yumist claims copyright over it
s unique software and compilation used in working of its App. You shall not repr
oduce any portion of the App for any use, whether commercial or personal, withou
t express written consent of Yumist.

No framing: You may not frame or utilize framing technologies to enclose any tra
demark, logo, or other proprietary information (including images, text, page lay
out, or form) of Yumist and its affiliates without their express written consent
.

Meta-tags: You may not use any metatags or any other hidden text utilizing Yumist
name or trademarks without their express written consent. Any unauthorized use t
erminates the permission or license granted by Yumist to you forthwith and would
further attract legal action against the violator.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT:

1.Nature of content: You may post reviews, comments and other content; and submi
t suggestions, ideas, comments, questions or other information, as long as the c
ontent is not illegal, obscene, threatening, defamatory, invasive of privacy, in
fringing of intellectual property rights to otherwise injuries to third party or
objectionable and does not consist of or contains software virus, political cam
paigning, commercial solicitation, mass mailing or any form of spam.

2.False information: You may not use false email address, impersonate any person
or entity, or otherwise mislead while using or browsing the App. Yumist reserve
s the right (but not the obligation) to remove or edit such content.

3.Rights Granted: If you post content or submit material, you grant Yumist and i
ts affiliates a non-exclusive, royalty free, perpetual, irrevocable, and fully s
ub-licensed right to use, reproduce, modify, adapt, publish, translate, create d
erivative work from, distribute, and display such content throughout the world i
n any media. You grant Yumist and its affiliate sites and sub-license the right
to use the name that you submit in connection with such content.

4.Right Owned: You represent and warrant that you own all the rights or otherwis
e or control all of the rights to the content that you post; that the content is
accurate; that the use of the content to supply does not violate this policy an
d will not cause injury to any person or entity and that you will indemnify Yumi
st or its affiliate for all claims resulting from the content you supply.

Yumist reserves the right but not the obligation to monitor and edit or remove a
ny activity or content. Yumist takes no responsibility and assumes no liability
for any content posted by you or any third party on their App.

PRODUCT DESCRIPTION

Yumist and its affiliates attempt to be as accurate as possible. However, we mak


e no warranties that the product description and any other content of its App is
accurate, complete, reliable, current and error free.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies. We reserve the right to make changes to our we
bsite, policies, and these Terms and Conditions at any time. If any of these con
ditions shall be deemed invalid, void, or for any reason unenforceable, that con
dition shall be deemed severable and will not affect the validity and enforceabi
lity of any remaining conditions.

GOVERNING LAW AND JURISDICTION:

These terms and conditions will be construed only in accordance with the laws of
India. In respect of all matters/disputes arising out of, in connection with or
in relation to these terms and conditions or any other conditions on this websi
te, only the competent Courts at Gurgaon, Haryana shall have jurisdiction, to th
e exclusion of all other courts.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:


1.This App is provided by Yumist on an as is and as available basis.

2. Yumist makes no representations or warranties of any kind, express or implied


, as to the operation of this App or the information, content, materials, or pro
ducts shown on this App. You expressly agree that your use of this App is at you
r sole risk.

3.To the full extent permissible by applicable law, Yumist disclaims all warrant
ies, express or implied, including, but not limited to, implied warranties of me
rchantability and fitness for a particular purpose.

4.The images shown on App are only indicative in nature & the actual product may
vary in size, color etc.

5.Yumist does not warrant that the App, its servers, or email sent from them are
free of virus or other harmful components. Yumist will not be liable for any da
mages of any kind arising from the use of this App, including, but not limited t
o direct, indirect, incidental, punitive and consequential damages.

YumCash

1.DEFINITIONS

Yumist shall mean Yumist Foodtech Private Limited a private limited company inco
rporated in India under the Companies Act, 2013, and having its registered offic
e at New Bridge Business Centre, Ground Floor, Tower B, Ocus Technopolis, GolfCo
urse Road, Sector 54, Gurgaon 122002, Haryana, India

Yumist Site shall mean website having the domain www.yumist.com and/or mobile ap
plication having the name Yumist, which are owned and operated by Yumist

YumCash (also termed as Wallet') means a closed prepaid payment instrument (in t
he form of a virtual Wallet). The Wallet shall function as a prepaid payment ins
trument, which will be issued by the Company on Yumist Site and only be used on
the Yumist Site to make payments for orders placed on the Yumist Site

Customers shall mean persons transacting on the Yumist Site.

Terms and Conditions shall mean these wallet terms and conditions
Transaction means an online order from Yumist Site irrespective of whether payme
nt for the Transaction is made using the Wallet or through any other method avai
lable at the Yumist Site.

Wallet Holder means the Customer of Yumist who is enrolled in relation to Wallet
Services has been issued a Wallet and is authorised to use the Wallet in accord
ance with the terms of these Terms and Conditions.

Wallet Services or Services shall mean the Wallet services as detailed under thi
s Agreement.

2. ISSUANCE OF WALLET

The Wallet will be issued by Yumist to the Customers on the request of the Custo
mer and pursuant to the Customer making an application for registration of the W
allet and agreeing to these Terms and Conditions and other applicable terms and
conditions in the manner prescribed by Yumist in this regard.

3. ELIGIBILITY AND WALLET REGISTRATION

3.1 The Services are available only to resident Indians who have attained the ag
e of 18 years and are competent to contract in accordance with the Indian Contra
ct Act, 1872. By accepting these Terms & Conditions the Customer represent and w
arrant that he/she have the right, authority, and capacity to enter into these T
erms and Conditions and to abide by all of the terms and conditions contained he
rein. The Customer shall not impersonate any person or entity, or falsely state
or otherwise misrepresent identity, age or affiliation with any person or entity
.

3.2 In order to register, create and use a Wallet, Yumist may require that you s
ubmit certain personal information, including but not limited to your name, mobi
le phone number, e-mail address, etc. to Yumist. The Customer agree that the per
sonal information you provide to Yumist upon registration and at all other times
will be true, accurate, current and complete. The Customer agree to maintain an
d update this personal information to keep the personal information true, accura
te, and complete.

3.3 The Customer hereby authorize Yumist, directly or through third parties, to
make any inquiries that Yumist may consider necessary to validate the Customer s i
dentity and/or authenticate the Customer s identity and Wallet information. This m
ay include asking the Customer for further information and/or documentation abou
t the account usage or identity, or requiring you to confirm ownership of your e
mail address, telephone number or financial instruments, among others. This proc
ess is for internal verification purposes.

4. SCOPE OF WALLET SERVICES

4.1 The said Wallet is valid for use only in India in Indian Rupees.

4.2 The Services or any Wallet Holder s Wallet is not transferable.

4.3 The Wallet Holder shall be able to use the Wallet only to the extent of the
amount loaded onto the Wallet.

4.4 The Wallet shall be activated subject to the desired amount being loaded on
the Wallet.

4.5 No cash withdrawal is permissible on the Wallet

4.6 The Wallet Holder is permitted to maintain and operate only one Wallet.

4.7 Yumist may further as per its discretion introduce appropriate controls over
the usage of the Wallet.

5. USAGE GUIDELINES

5.1 The Wallet may be used through Yumist Sites.

5.2 The Wallet Holder is responsible for the security of the Wallet and shall ta
ke all steps towards ensuring the safekeeping thereof. The Wallet Holder shall n
ot disclose his/her/its password to anyone verbally or in writing nor record it
elsewhere.
5.3 Yumist shall not be liable for any hacking or unauthorized use of the Wallet
and it shall be the sole responsibility of the Wallet Holder to ensure privacy
and confidentiality of Wallet details.

5.4 The Wallet Holder must ensure the availability of sufficient funds before ex
ecuting any transaction from the Wallet.

5.5 The Wallet Holder shall intimate Yumist about change in any information, inc
luding but not limited to mobile number, email id, etc. within 1 (one) week alon
g with such proof of change.

5.6 The Wallet Holder agrees to adhere to all applicable laws and all such regul
ations, guidelines and rules prescribed from time to time by Yumist and any othe
r government body. The Wallet Holder shall indemnify Yumist to make good any los
s, damage, interest or any other financial charges that Yumist may incur and or
suffer whether directly or indirectly as a result of the Wallet Holder committin
g violations of these terms and conditions.

5.7 The Wallet Holder acknowledge and understand that the information submitted
by the Wallet Holder for availing the Services or information submitted while us
ing the Services may be shared with third parties inter alia, to facilitate the
provision of the Services.

6. DEPOSIT / LOAD WALLET

You can use multiple funding sources for depositing/loading money in the Wallet.
These sources could be but not limited to Cash, Credit Cards, Debit Cards, Net
Banking, and Transfer from another Wallet subject to the same being allowed for
transaction in the Yumist site. The minimum monetary value that can be stored in
the Wallet is INR 100/-(Rupees one hundred only). In event of cancellation of a
ny booking involving YumCash, the YumCash used shall be re- credited the Wallet-
holder.

7. WITHDRAWING / TRANSFER FUNDS AVAILABLE IN WALLET

Withdrawal of cash or transfer of funds to a third party or any other wallet is


not permitted. The money in the Wallet shall be utilized only for availing the S
ervices and no other purposes whatsoever.
8. SUSPENSION OR DISCONTINUANCE OF SERVICES

8.1 Yumist reserves the right to suspend/discontinue the Services at any time, f
or any cause, including, but not limited, to the
following;
a. for any suspected discrepancy in the particular(s), online application, docum
entation provided by the Wallet Holder;
b. suspected or potential fraud;
c. sabotage, wilful destruction, threat to national security or for any other fo
rce majeure reasons etc;
d. if the same is due to technical failure, modification, upgradation, variation
, relocation, repair, and/or maintenance due to any emergency or for any technic
al reasons;
e. if the same is due to any transmission deficiencies caused by topographical a
nd geographical constraints/limitations;
f. for any suspected violation of the rules, regulations, orders, directions, no
tifications issued by RBI from time to time or
g. for any violation of the terms and conditions mentioned in herein;

9. CLOSURE OF WALLET

9.1 There is no expiry date for the Wallet. However, any value in a Wallet must
be utilized: (a) within 6 (six) months from the date of the last Transaction or
(b) within 6 (six) months from the date of activation of the Wallet; whichever i
s later.

9.2 Any value in Wallet which is not utilized in the aforesaid manner may stand
forfeited at the discretion of Yumist. It is clarified that the Wallet Holder wi
ll not be entitled to seek cash refund of the credit balance of the Wallet anyti
me before or after the closure of the Wallet except where the Wallet Holder is u
nable to utilize the credit balance of the Wallet beyond 6 months period (not in
cluding amounts credited to the Wallet other than those transferred by the Walle
t Holder to the Wallet, such as promotional cashback) for any reason attributabl
e to Yumist. Such refund shall be processed by Yumist on written request receive
d from the Wallet Holder within [5] working days from the date of the written re
quest received after checking all transactions and balance in the Wallet. The wr
itten request should contain all necessary details such as reasons for non-utili
zation, bank account details for refund, name, address and other details as pres
cribed by Yumist herein or from time to time. In case any details are missing or
the amounts/transactions mismatch, Yumist retains the right to raise specific q
ueries with the Wallet Holder. Non receipt of correct and complete information m
ay result in forfeiture of the balance in absolute discretion of Yumist and the
Wallet Holder agrees not to have any claim whatsoever against Yumist in this reg
ard

10. WALLET HOLDER S OTHER OBLIGATIONS & COVENANTS

10.1 Wallet Holder accepts that at his request and risk Yumist has agreed to pro
vide him the Wallet & accepts full responsibility for all transactions recorded
by use of his Wallet.

10.2 An instruction given by means of the Wallet shall be irrevocable.

10.3 Wallet Holder shall, in all circumstances, accept full responsibility for t
he use of the Wallet, whether or not processed with his knowledge or his authori
ty, expressed or implied.

10.4 Wallet Holder irrevocably authorizes Yumist to debit the amounts utilized b
y using the Wallet for transactions from his Wallet.

10.5 Wallet Holder should hold Yumist indemnified and harmless for its actions i
n good faith and in the normal course of business based on transactions.

10.6 Any government charges, or debits, or tax payable as a result of the use of
Wallet shall be Wallet Holder s responsibility.

10.7 Yumist shall have discretion to not allow the Wallet Holder to carry out a
transaction where it has reason to believe that the use of Wallet is not authori
zed or the transaction appears not genuine or unclear or such as to raise a doub
t.

11. INDEMNITY AND LIMITATION OF LIABILITY

11.1 In consideration of Yumist providing the Wallet Holder with the facility of
the Wallet, the Wallet Holder hereby agrees to indemnify and keep Yumist indemn
ified from and against all actions, claims, demands, proceedings, losses, damage
s, personal injury, costs, charges and expenses whatsoever which Yumist may at a
ny time incur, sustain, suffer or be put to as a consequence of or by reason of
or arising out of directly or indirectly providing the Wallet Holder the said fa
cility of the Wallet or by reason of Yumist s acting in good faith and taking or r
efusing to take or omitting to take action on the Wallet Holder's instructions,
and in particular arising directly or indirectly out of the negligence, mistake
or misconduct of the Wallet Holder; breach or noncompliance of the rules/ terms
and conditions relating to the Wallet or fraud or dishonesty relating to any tra
nsaction by the Wallet Holder.

11.2 Without prejudice to the foregoing, Yumist shall be under no liability what
soever to the Wallet Holder in respect of any loss or damage arising directly or
indirectly out of:
a. The refusal to honour or to accept the Wallet;
b. The malfunction of any computer;
c. Effecting transaction instructions other than by a Wallet Holder;
d. Handing over of the Wallet credentials by the Wallet Holder;
e. Any misstatement, misrepresentation, error or omission in any details disclos
ed by Yumist except as otherwise required by law.
f. If Yumist receives any process, summons, order injunction, execution distrait
, levy, lien, information or notice which Yumist in good faith believes/ calls i
nto question the Wallet Holder's ability, or the ability of someone purporting t
o be authorized by the Wallet Holder, to transact on the Wallet, Yumist may, at
its option and without liability to the Wallet Holder or such other person, decl
ine to allow the Wallet Holder to obtain any portion of his funds, or may pay su
ch funds over to an appropriate authority and take any other steps required by a
pplicable law. Yumist reserves the right to deduct from the balance available on
the Wallet, a service charge and any expenses it incurs, including without limi
tation legal fees, due to legal action involving the Wallet;

12. DISCLOSURE OF INFORMATION AND INTELLECTUAL PROPERTY RIGHTS

12.1 Yumist reserves the right to disclose the Wallet Holder s information to any
court of competent jurisdiction, quasijudicial authorities, law enforcement agen
cies and any other wing of Central Government or State Government. The Wallet Ho
lder hereby consents to sharing of their information with service providers or a
gencies or partners for providing services in relation to the Wallet.

12.2 Yumist may use the Wallet Holder information/data to market, advertise and
notify the Wallet Holder of various Yumist offerings. The Wallet Holder fully un
derstands that due to use of the Wallet Holder of the Services. Yumist may creat
e or generate database in respect of such Wallet Holder. All rights and ownershi
p with respect to such database shall vest with Yumist.

12.3 The user interfaces, graphics, logos, design, compilation, information, com
puter code (including source code and object code), products, software, services
, and all other elements of the Service provided by the Yumist are protected by
copyright, designs, patent, and trademark laws, international conventions and ot
her applicable intellectual property and proprietary rights of Yumist.

12.4 Nothing contained herein shall authorize the Wallet Holder to use, apply, i
nvade or in any manner exploit or infringe the intellectual property rights of Y
umist, and the usage of the same shall be in compliance with these Terms and Con
ditions and such approval and policies as may be notified from time to time. In
addition, Wallet Holder undertakes not to infringe the intellectual property rig
hts of any third party.
12.5 The Wallet Holder undertakes not to infringe the intellectual property righ
ts of Yumist respectively, whether directly or indirectly through any third part
y. The Wallet Holder warrants that it shall not use the Yumist Site, so as to:
a. design, realize, distribute or market a similar or equivalent software progra
m;
b. adapt, modify, transform or rearrange the Yumist software applications and Yu
mist Site for any reason whatsoever, including for the purpose, among other thin
gs, of creating a new software program or a derivative software program;
c. allow unauthorized use of or access to the Yumist software applications and Y
umist Site and Yumist Site;
d. disassemble, reverse engineer, decompile, decode or attempt to decode the Yum
ist software applications and Yumist Site;
e. allow the Yumist software applications and Yumist Site to be disassembled, re
verse engineered, decompiled or decoded; and/or
f. in any way override or break down any protection system integrated into the Y
umist software applications and Yumist Site.

13. CITRUS SITE


The Wallet Holder understands that Yumist has a tie up with Citrus Payment Solut
ions Limited ( Citrus ) for providing services to the Customer for loading of the Wa
llet. The Customer agrees that he/she shall also be bound by the terms and condi
tions of Citrus provided on http://www.citruspay.com/citrususer-tnc ( Citrus Site )
The Citrus Site is not under the control of Yumist or the Website and Yumist is
not responsible for the contents of the Citrus Site, including without limitatio
n any link contained in the Citrus Site, or any changes or updates to the Citrus
Site. Yumist is not responsible for any form of transmission, whatsoever, recei
ved by the Customer from the Citrus Site.
14. DISPUTES

These Terms and Conditions will be governed by and be construed in accordance wi


th the laws of India. All disputes are subject to the exclusive jurisdiction of
the Courts in Delhi, irrespective of whether any other Court may have concurrent
jurisdiction in the matter. The Wallet Holder shall be liable for all costs ass
ociated with resolution of the dispute, legal expenses and decretal amounts with
interest.

15. COMMUNICATION

Any communication from Yumist to the Wallet Holders will be deemed to be complet
ed within 7 days of sending such a communication to the most recent mailing addr
ess or Email ID or mobile number available with Yumist

Wallet Holders can contact Yumist at any of the below mentioned points: Email to
support@yumist.com

16. PRIVACY POLICY AND TERMS & CONDITIONS

In addition to the above, the Wallet Holder shall also comply with the terms & c
onditions and privacy policy provided on the Yumist Site

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