Terms and Conditions
(to be published online for all users/vendors/clients)
Effective Date:- 01 February 2023
A. All the vendors or service providers or clients and users who desire to use this Web Platform or employ www.yumfoody.com for any service, they must agree to the terms below as the exclusive basis which governs usage of the Web Platform and provision of services. If you do not agree to any of the terms, do not use this Web Platform or employ Yumfoody for any service.
B. THIS AGREEMENT is made between www.yumfoody.com and you ("the User/vendor").
In this Agreement, the following terms shall have the following meanings:-
a. "Effective Date" - the date on which this set of terms and conditions entered effect.
b. "Intellectual Property Rights"- all copyrights, patents, registered and unregistered design rights, database rights, trademarks and service marks and applications for any of the foregoing, together with all trade secrets, know-how, rights to confidence and other intellectual and industrial property rights in all parts of the world.
c. "Material" - content published on the Web Platform or otherwise provided to www.yumfoody.com by the user/vendor. For the avoidance of doubt, it includes all content posted on the Web Platform by the User/vendor or otherwise provided to www.yumfoody.com by the User/vendor.
d. "Registration Details" - the details which a User/vendor must provide on registering for the Web Platform including name, phone numbers, email address, age or address.
e. "Service" - the provision of the Platform for Rent / Lease of materials or any other service provided by www.yumfoody.com.
f. "Unacceptable" - Material which under the laws of any jurisdiction from which the Platform may be accessed may be considered either:-
i. illegal, illicit, indecent, obscene, racist, offensive, pornographic, insulting, false, unreliable, misleading, alleged to be or actually defamatory or in infringement of third-party rights (of whatever nature and including, without limitation, any Intellectual Property Rights);
ii. in breach of any applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory);
iii. to contravene legislation, including without limitation, that relating to weapons, animals or alcohol;
iv. might harm www.yumfoody.com reputation.
g. "User/vendor"/Client- any person, party, firm, organization, business, department who uses any service provided by www.yumfoody.com, including the use of Web Platform and agrees to Terms and Conditions posted on the web Platform at the time of registration.
2. Vendor - a natural or legal person, firm, business, department, etc who enters into this Agreement with www.yumfoody.com.
a. "Web Platform" – E-Commerce Platform located at www.yumfoody.com
b. "BangboxOnline" - www.yumfoody.com is the product of ESSystempvt which is the owner of the Web Platform and whose registered office is located Islamabad, Pakistan.
3. User/Vendor TERMS
a. In registering for this Web Platform, the User/vendor/vendor must provide true, accurate, current and complete Registration Details which the User/vendor must update after any changes (except age) before using the Web Platform for further services in the future.
b. The User/vendor hereby warrants to www.yumfoody.com that it is at least eighteen years of age and legally able to enter into contracts.
c. www.yumfoody.com reserves the discretion to withdraw any Material from the Platform without prior notice and to refuse any Material posted by a User/vendor.
d. The User/vendor's Registration Details and data relating to its use of the Web Platform will be recorded by www.yumfoody.com but this information shall not be disclosed to third parties (otherwise than on an aggregated, anonymous basis).
e. www.yumfoody.com may send a small file to the User/vendor's computer when it visits the Web Platform. This "cookie" will enable www.yumfoody.com to identify the User/vendor's computer, track its behaviour on the Web Platform and to identify the User/vendor's particular areas of interest so as to enhance the User/vendor's future visits to the Web Platform. The cookie will not enable www.yumfoody.com to identify the User/vendor and www.yumfoody.com shall not use it otherwise than in relation to this Web Platform. The User/vendor can set its computer browser to reject cookies but this may preclude use of certain parts of this Web Platform.
f. The User/vendor hereby authorizes www.yumfoody.com to use any information which it submits to this Web Platform to inform the User/vendor of special offers, occasional third party offers and for other marketing and related purposes. www.yumfoody.com will not use User/vendor data for any other purposes than as set out in this Agreement except that www.yumfoody.com may disclose this data if compelled to do so by law, or at the request of a law enforcement agency or governmental authority.
g. If the User/vendor does not wish www.yumfoody.com to use its information as set out in Clauses 1.b to 1.d above, it should leave the Web Platform before submitting its personal details.
h. If the User/vendor does not want www.yumfoody.com to use its email address or SMS to send information concerning the Web Platform and related matters, the User/vendor should send a message to www.yumfoody.com and insert unsubscribe as the subject heading.
i. www.yumfoody.com reserves the right to suspend or terminate a User/vendor's account where, in its absolute discretion, it deems such suspension appropriate. In the event of such suspension or termination, www.yumfoody.com will notify the User/vendor by email and the User/vendor must not seek to re-register either directly or indirectly through a related entity.
j. For the avoidance of doubt, www.yumfoody.com is providing a service not goods.
k. www.yumfoody.com owns all Intellectual Property Rights in the Web Platform and the Service, including without limitation, the design, text, graphics, the selection and arrangement thereof.
l. www.yumfoody.com takes reported and actual infringement of Intellectual Property Rights and fraud extremely seriously and whilst User/vendors cannot hold www.yumfoody.com liable in relation to such issues, www.yumfoody.com requests all User/vendors to report such matters immediately and www.yumfoody.com shall inform the appropriate authorities.
m. User/vendors will be invited to send comments to www.yumfoody.com by email relating to the integrity and performance of other User/vendors.
n. The following restrictions shall apply to all User/vendors:
- User/vendor agrees not to transmit any material designed to interrupt, damage, destroy or limit the functionality of the Web Platform or the Service.
ii. User/vendor agrees not to use any automated software to view the Service without consent and to only access the Service manually.
iii. User/vendor agrees not to use the Service other than for its own personal use or as an agent listing properties for sale and to rent.
iv. User/vendor shall not be entitled to delete any advertisement/listing for a period of 24 hours after posting on the Web Platform by said user/vendor.
v. User/vendor agrees not to attempt to copy any Material or reverse engineer any processes without www.yumfoody.com consent.
vi. User/vendor agrees not to use any Service in any manner that is illegal, immoral or harmful to www.yumfoody.com.
vii. User/vendor agrees not to use any Service in breach of any policy or other notice on the Web Platform.
viii. User/vendor agrees not to remove or alter any copyright notices that appear on the Web Platform.
ix. User/vendor agrees not to publish any Material that may encourage a breach of any relevant laws or regulations.
x. User/vendor agrees not to interfere with any other User/vendor's enjoyment of the Web Platform or the Service.
xi. User/vendor agrees not to transmit materials protected by copyright without the permission of the owner.
xii. User/vendor agrees not to conduct itself in an offensive or abusive manner whilst using the Web Platform or the Service.
o. By submitting Material on the Web Platform or otherwise, User/vendor grants www.yumfoody.com a royalty-free, perpetual, irrevocable and non-exclusive right and license to use, reproduce, distribute, display, modify and edit the Material. www.yumfoody.com will not pay the User/vendor any fees for the Material and reserves the right in its sole discretion to remove or edit the Material at any time. User/vendor also warrants and represents that it has all rights necessary to grant www.yumfoody.com these rights.
p. www.yumfoody.com permits the User/vendor to post Material on the Web Platform in accordance with www.yumfoody.com procedures provided that Material is not illegal, obscene, abusive, threatening, defamatory or otherwise objectionable to www.yumfoody.com.
q. www.yumfoody.com reserves the right to terminate any Service agreement without any notice to the User/vendor and without providing any reason whatsoever. In the event of cancellation, the User/vendor shall pay any outstanding invoices relating to the Service agreement within 14 working days.
r. Any User/vendor who enters into any agreement with www.yumfoody.com shall not in any way, directly or indirectly, employ or offer employment to any employee of www.yumfoody.com and/or its affiliates during the period of the agreement and up to one year after the termination/expiry of the agreement. Further, any User/vendor with any agreement with www.yumfoody.com shall not acquire any direct or indirect service from employees of www.yumfoody.com other than the services stipulated in their agreement with www.yumfoody.com for the aforementioned period. Further, any User/vendor with any agreement with www.yumfoody.com shall not solicit or endavour to entice away or discourage any employee of www.yumfoody.com from being employed by www.yumfoody.com for the aforementioned period.
4. LIMITATION OF LIABILITY
a. www.yumfoody.com is not liable for any indirect loss, consequential loss, loss of profits, revenue, data or goodwill howsoever arising suffered by any User/vendor arising in any way in connection with this Agreement or for any liability of a User/vendor to any third party.
b. Whilst www.yumfoody.com will make all reasonable attempts to exclude viruses from the Platform, it cannot ensure such exclusion and no liability is accepted for viruses. Thus, the User/vendor is recommended to take all appropriate safeguards before downloading information or any Material from the Platform.
c. www.yumfoody.com shall not be liable for ensuring that the Material on the Platform is not Unacceptable Material and the User/vendor in making any financial or other decision accepts that it does so exclusively at its own risk.
d. www.yumfoody.com shall not be liable for any interruption to the Service, whether intentional or otherwise.
e. www.yumfoody.com is not liable for any failure in respect of its obligations hereunder which result directly or indirectly from failure or interruption in software or services provided by third parties.
f. www.yumfoody.com is not responsible for the direct or indirect consequences of a User/vendor linking to any other Web Site or Platform from this Platform.
g. None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of www.yumfoody.com or its appointed agents.
h. No matter how many claims are made and whatever the basis of such claims, www.yumfoody.com maximum aggregate liability to a User/vendor under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by Clauses 3.a to 3.g above or otherwise) whether such claim arises in contract or in tort shall not exceed a sum equal to twice the value of any amount paid to www.yumfoody.com by the User/vendor in relation to which such claim arises.
5. WARRANTIES AND INDEMNITY
a. www.yumfoody.com does not represent or warrant that the information accessible via the Platform is accurate, complete or current. www.yumfoody.com has no liability whatsoever in respect of any use which the User/vendor makes of such information.
b. Material has not been written to meet the individual requirements of the User/vendor and it is the User/vendor's sole responsibility to satisfy itself prior to entering into any transaction or decision that the Material is suitable for its purposes.
c. All warranties, express or implied, statutory or otherwise are hereby excluded.
d. The User/vendor hereby agrees to indemnify www.yumfoody.com against all liabilities, claims and expenses that may arise from any breach of this Agreement by the User/vendor.
a. Subject to Clause 5.b, this written Agreement and any other expressly incorporated document constitute the entire agreement between the parties hereto relating to the subject matter hereof and neither party has relied on any representation made by the other party unless such representation is expressly included herein. Nothing in this Clause 5.a shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance on the same as being fair and reasonable.
b. www.yumfoody.com reserves the right to alter its terms of business from time to time. The Effective Date at the time the User/vendor is reading these terms is set out at the top of this Agreement. Prior to using the Web Platform again in the future, User/vendors should check that the effective date has not altered. If it has, the User/vendor should examine the new set of terms and only use the Web Platform if it accepts the new terms.
c. If any provision of this Agreement or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.
d. www.yumfoody.com reserves the right to assign or subcontract any or all of its rights and obligations under this Agreement.
e. The User/vendor may not assign or otherwise transfer its rights or obligations under this Agreement without www.yumfoody.com prior written consent.
f. Any notice given pursuant hereto may be served personally or by email to the last known email address of the addressee. It is the responsibility of User/vendors promptly to update www.yumfoody.com of any change of address or email address. Such notice shall be deemed to have been duly served upon and received by the addressee, when served personally, at the time of such service, when sent by email 24 hours after the same shall has been sent, or if sent by post 72 hours after put into the post correctly addressed and pre-paid.
g. www.yumfoody.com shall not be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority.
h. The headings in this Agreement are solely used for convenience and shall not have any legal or contractual significance.
i. This Agreement shall be governed by and construed in accordance with the laws of Pakistan and the User / Vendor submits to the exclusive jurisdiction of the Courts of Islamabad, Pakistan, save that www.yumfoody.com may take action against the User/vendor in any relevant jurisdiction to enforce its rights