Terms of Use For YummyChefs

PLEASE READ THESE TERMS OF USE THOROUGHLY AND CAREFULLY.

The terms and conditions set forth below (these "Terms of Use") and the Privacy Policy (as referred to in Paragraph 3.1) constitute a legally-binding agreement between Neighbour Ventures Pte. Ltd. ("YummyBank") and you. These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in (a) the YummyBank platform, including any product listing, advertisement, messaging function and all content and YummyBank services available through the domain and sub-domains of YummyBank located at www.yummybank.com as well as any mobile application associated with YummyBank (collectively referred to herein as the "Platform"); and (b) the online transactions between you and other users of the Platform who offer products and services (each, a "YummyChef") and those users of the Platform who purchase, intend to purchase or consider purchasing products and services (each, a "YummyFriend") through the Platform (such products and services, collectively, the "YummyServices").

  1. ACCEPTANCE OF TERMS
    1. You acknowledge that the Platform serves to facilitate the online distribution and publication of user-submitted information between YummyChefs and YummyFriends. By using, visiting, registering for, and/or otherwise participating in the Platform, including offering any YummyService, you represent and warrant that:
      1. you are participating on this Platform as YummyChef;
      2. you meet and satisfy, and undertake to at all times meet and satisfy, all regulatory requirements by the relevant government authorities, including but not limited to the National Environment Agency, the Housing Development Board and the Urban Redevelopment Authority in relation to food hygiene, food management, food preparation, HDB/URA small-scale business scheme requirements, fire-safety requirements and all other applicable laws, rules and requirements (the "Regulatory Requirements");
      3. you have the capacity and ability to deliver all YummyServices offered by you, and, in any case, you have the capacity and the ability to deliver all YummyServices purchased from you in such manner that does not compromise any applicable standards including that relating to food hygiene and food quality;
      4. you have the authority to enter into these Terms of Use;
      5. you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein; and
      6. in addition to these Terms of Use:
        1. you have read the Terms of Use for YummyFriends, including all documents incorporated therein;
        2. you have the authority to enter into the Terms of Use for YummyFriends; and
        3. you agree to be bound by all terms and conditions of the Terms of Use for YummyFriends and any other documents incorporated by reference therein.
      7. If you do not so agree to the contents in Paragraph 1.1, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the Platform. If you do not agree to any of the provisions set forth in these Terms of Use, kindly discontinue viewing, registering on and/or participating in the Platform immediately.
  2. MODIFICATIONS TO TERMS OF USE
    1. YummyBank reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein, at any time. YummyBank may post notice of the changes and the amended Terms of Use at the domain of yummybank.com, and/or may communicate the amendments through any other method of contact with you.
    2. It is your responsibility to review these Terms of Use for any changes. Your use of the Platform following any amendment of these Terms of Use will signify your assent to and acceptance of the amended Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Platform.
  3. INCORPORATION OF PRIVACY POLICY
    1. YummyBank has established a Privacy Policy that explains to users of the Platform how their personal data is collected, used and/or disclosed. The Privacy Policy is incorporated into these Terms of Use. Your use of the Platform is governed by the Privacy Policy. The Privacy Policy can be found at www.yummybank.com/privacy-policy.
  4. MEMBERSHIP AND ACCESSIBILITY
      Permitted Users of the Platform
    1. Only individuals who satisfy all of the following user criteria (a "Permitted User") may use the Platform:
      1. at least 18 years old and able to enter into legally-binding contracts under Singapore law; and
      2. such individuals' use of the Platform or offer or purchase of any YummyServices does not violate any applicable law, rules, regulations or requirements.
    2. Any person who ceases to be a Permitted User shall immediately cease using the Platform. YummyBank does not consent to such person's use of the Platform or sale or purchase of any YummyServices. YummyBank is entitled to enforce its full rights in law and equity against such person.
    3. Registration of YummyChef Account
    4. You need not register with YummyBank to simply visit and view the Platform, but to offer or purchase any YummyServices, and participate in the related features of the Platform, you will need to:
      1. create a password-protected account (your "Account");
      2. subscribe to the use of the Platform as a YummyChef, including the ability to advertise and offer your YummyServices on the Platform; and
      3. verify your e-mail address and mobile number in accordance with the instructions provided on the Platform,
      and so become a "YummyChef".
    5. To create an Account and subscribe to the use of the Platform as a YummyChef (a "YummyChef Subscription"), you must submit certain personal information through the account registration page on the Platform and create a password (your "Password"). You may also provide additional optional information. Such additional optional information is not required to register for an Account but may be helpful to YummyBank in providing you with a more customised experience when using the Platform.
    6. Do note that the steps described in Paragraphs 4.3 and 4.4 do not automatically entitle you to a YummyChef Subscription. YummyBank reserves the right to take the following steps before granting you a YummyChef Subscription:
      1. When you subscribe for a YummyChef Subscription, you will be required to input some of your personal details and upload a scanned copy of your National Registration Identity Card (NRIC), passport or any other identification document. You will also indicate your preferred time slots for a meeting with YummyBank.
      2. YummyBank will do one of the following:
        1. If YummyBank deems that a meeting is desired or required, YummyBank will send you an e-mail confirming the time slot for the meeting. The purpose of the meeting is to enable the YummyBank team to get to know you better. The YummyBank team may also use this meeting to guide you on how to best utilise the features of the Platform as a YummyChef. During the meeting (or meetings, if YummyBank feels that multiple meetings are required), you will be given access to the dashboard tutorial referred to in Paragraph 4.5(c).
        2. If YummyBank does not deem that a meeting is desired or required, YummyBank will send you an e-mail that will give you access to the dashboard tutorial referred to in Paragraph 4.5(c).
        3. If YummyBank does not feel that you are suitable to be a YummyChef at all, YummyBank will not send you any of the above e-mails. YummyBank reserves the right not to send you any of the above e-mails for any reason.
      3. You are required to do the following on the dashboard tutorial:
        1. input additional personal details;
        2. upload photographs of the residential kitchen in which you will be preparing your YummyServices;
        3. describe one food item that you are most confident of preparing e.g., your signature dish;
        4. list the dates (the available "Order Delivery Dates") and times during which YummyFriends who place an Order may receive the Order and the applicable Lead-Time (defined at Paragraph 5.7); and
        5. input the delivery methods that you wish to offer for the YummyServices ordered from you (see Paragraphs 5.19 to 5.26).
      4. Upon receiving the information listed in Paragraph 4.5(c), YummyBank will send an e-mail to you, requiring you to input the e-mail addresses of two individuals who have tasted your food.
      5. An e-mail will be sent to each of these individuals requiring them to:
        1. create an account and so become a YummyFriend; and
        2. complete a questionnaire about you and your food.
      6. After these individuals complete the steps listed in Paragraph 4.5(e), they will be your "YummyAmbassadors" (and each, a "YummyAmbassador"). Your YummyChef Subscription will only be activated after you have two YummyAmbassadors.
      7. The above process relating to YummyAmbassadors is meant to show other YummyFriends that you are endorsed by real individuals with their own YummyFriend accounts. The number of individuals endorsing you will increase as you receive positive reviews for your YummyServices in the future. Do take note of the following:
        1. You are required at all times to have at least two positive reviews.
        2. For the purposes of this Paragraph 4.5(g), a positive review includes any of the following:
          1. your YummyAmbassador's existing YummyFriend account; and
          2. reviews left by other YummyFriends on your profile page recommending your YummyServices.
        3. In the event that any of your YummyAmbassadors deletes his YummyFriend account before any other YummyFriend has left a review on your profile page recommending your YummyServices, you will have fewer than two positive reviews. In such case, you are required to write in to YummyBank and provide the e-mail address of another individual who will be your new YummyAmbassador. YummyBank will send such individual an e-mail in accordance with Paragraph 4.5(e). Such individual will become a YummyAmbassador after completing the steps listed in Paragraph 4.5(e) and will thereafter be considered a positive review for the purposes of Paragraph 4.5(g)(i).
      8. YummyBank has the sole and absolute discretion to grant you a YummyChef Subscription/activate your YummyChef Subscription. Do note that YummyBank may cancel your YummyChef Subscription or terminate your Account at any time for any reason (for example, if there is any incident of misconduct).
    7. You shall keep your Password secure at all times. You shall be solely responsible for keeping your Password secure and for all activity that occurs on your Account. You shall notify YummyBank immediately of any breach of security or any unauthorised use of your Account.
    8. You shall never use another Registered User's Account. You agree that you will not misrepresent yourself or represent yourself as another user of the Platform.
    9. Do note that the information that you see on the Platform may be different or limited if you do not view the Platform as a Registered User. In these Terms of Use, "Registered User" shall refer to both YummyChefs and YummyFriends who have registered an Account with YummyBank.
    10. Licence to Use the Platform as a YummyChef
    11. YummyBank may grant you a non-exclusive, revocable licence to use the Platform as a YummyChef on the terms and conditions set out in these Terms of Use PROVIDED THAT you fulfil the following conditions (the "Licence Conditions"):
      1. you are at all times a Permitted User;
      2. you at all times comply with and satisfy:
        1. all the terms and conditions of these Terms of Use;
        2. all the Account Policies and Additional Policies for YummyChefs (as defined in Paragraphs 4.13 and 4.14 respectively); and
        3. the Regulatory Requirements and applicable law;
      3. the information that is submitted by you on the Platform or otherwise to YummyBank is truthful and accurate; and
      4. you maintain the accuracy of the information submitted by you on the Platform or otherwise to YummyBank.
    12. YummyBank shall have the absolute discretion to decide whether or not to grant you any licence to use the Platform. Without limitation to the generality of the foregoing, YummyBank's grant to you of any licence to use the Platform shall be subject to YummyBank's review of your registration. For the avoidance of doubt, YummyBank shall not be obliged to grant you any licence to use the Platform even though you satisfy all of the Licence Conditions.
    13. By using, registering for, and/or otherwise participating in the Platform as a YummyChef, including offering any YummyServices, you represent and warrant that you satisfy all the Licence Conditions. You further undertake that you will at all times satisfy all the Licence Conditions. You acknowledge and agree that if YummyBank in its sole discretion is of the opinion that you fail to satisfy any of the Licence Conditions, YummyBank may terminate your Account at any time without prior notice to you.
    14. You further acknowledge and agree that you will be personally responsible for any failure to satisfy any Regulatory Requirement or comply with any applicable law. YummyBank, its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, and agents (collectively, "Affiliates"), shall not be responsible for your failure to satisfy any Regulatory Requirement or applicable law, and shall be indemnified and held harmless for any loss or damage suffered by YummyBank as a result of such failure.
    15. Account Policies and Additional Policies for YummyChefs
    16. In these Terms of Use, the term "Account Policies" refer collectively to the following:
      1. You shall not copy, distribute, or make derivative works of any part of the Platform in any medium without YummyBank's prior written authorisation.
      2. You shall not alter or modify any part of the Platform other than as may be reasonably necessary to use the Platform for its intended purpose.
      3. You shall provide accurate and complete information when creating your Account.
      4. You shall not recruit, solicit, or contact any YummyChef or YummyFriend for employment or contracting for a business not affiliated with YummyBank without express written permission from YummyBank.
      5. You shall not take any action that may interfere, encumber, or attempt to interfere or encumber, with the proper working of the Platform or any party's participation in the Platform.
      6. You shall not take any action that bypasses YummyBank's measures that are used to prevent or restrict access to the Platform.
    17. Your access to, use of, and participation in the Platform is subject to these Terms of Use and all applicable YummyBank regulations, guidelines and additional policies that YummyBank may publish from time to time on the Platform ("Additional Policies for YummyChefs"). These Additional Policies for YummyChefs may be located at www.yummybank.com/additional-policies/yummychefs.
  5. RULES RELATING TO YUMMYSERVICES
      Prohibitions with Respect to YummyServices
    1. While using the Platform, you shall not, among others:
      1. violate any laws, third party rights, Additional Policies for YummyChefs or any provision of these Terms of Use;
      2. fail to fulfil any order for your YummyServices (an "Order"); or
      3. circumvent or manipulate YummyBank's fee structure, billing process, or fees owed to YummyBank.
    2. Pre-Requisites before Completing a Transaction for YummyServices
    3. Before confirming any Order placed by any YummyFriend for YummyServices offered by you (the "Relevant YummyFriend"), you are required to first do the following:
      1. ensure that you and the Relevant YummyFriend are friends on the Platform, that is:
        1. ensure that the Relevant YummyFriend has requested to add you as a friend on the Platform and that you have accepted the Relevant YummyFriend's friend request; or
        2. ensure that you have requested to add the Relevant YummyFriend as a friend on the Platform and that the Relevant YummyFriend has accepted your friend request; and
      2. communicate with the Relevant YummyFriend whether through the messaging function provided on the Platform or otherwise so that you and the Relevant YummyFriend can get to know each other. If you and the Relevant YummyFriend are friends and have already interacted with each other prior to becoming friends on the Platform, you need not comply with the requirement in this Paragraph 5.2(b).
    4. Confirmation of Order for YummyServices
    5. Upon any YummyFriend placing any order for your YummyServices:
      1. YummyBank will immediately notify you of the Order by way of e-mail and/or SMS (the "Notification of Order").
      2. To confirm your acceptance of the Order, you must, within the Designated Time, indicate your ability to fulfil the Order via the hyperlink contained in the Notification of Order (by clicking "Yes"). The "Designated Time" for you to confirm your acceptance of the Order is within two hours after you receive the Notification of Order. The Designated Time will only be calculated between 9 am and 9 pm daily. For example:
        1. if you receive the Notification of Order at 9 am, you must confirm your acceptance of the Order by 11 am the same day;
        2. if you receive the Notification of Order at noon, you must confirm your acceptance of the Order by 2 pm the same day;
        3. if you receive the Notification of Order at 8 pm, you must confirm your acceptance of the Order by 10 am the next day; and
        4. if you receive the Notification of Order at 9 pm, you must confirm your acceptance of the Order by 11 am the next day.
    6. If you do not confirm your acceptance of the Order within the Designated Time, or if you indicate your inability to fulfil the Order (by clicking "No"), the Order will be cancelled and a full refund will be given to the Relevant YummyFriend.
    7. Cancellation or Changes to Order for YummyServices
    8. Please be aware that the Relevant YummyFriend is allowed to cancel or make changes to his Order:
      1. if such cancellation or change is made before 9pm on the day before the Lead-Time (defined at Paragraph 5.7) begins; or
      2. if such cancellation or change is made before you confirm the Order in accordance with Paragraphs 5.3 and 5.4.
    9. The Relevant YummyFriend is allowed to change his Order at any other time if you agree to the Relevant YummyFriend's request for such change. Any change in this regard shall not result in any change to the total price charged to the Relevant YummyFriend for the Order. All communications relating to an Order changed in this manner shall be directly between you and the Relevant YummyFriend.
    10. You are required to indicate the number of days before the Order Delivery Date which will constitute the "Lead-Time". The Lead-Time begins at midnight of the first day of the indicated Lead-Time. You should only begin preparing the Order after the Lead-Time begins.
    11. You are not allowed to cancel any Order which you have confirmed in accordance with Paragraphs 5.3 to 5.4 (a "Confirmed Order"). In the event that you cancel any Confirmed Order:
      1. You will be liable to give the Relevant YummyFriend a full refund for the Confirmed Order cancelled.
      2. In addition, YummyBank may purchase or otherwise make arrangements for other food as a replacement to the Confirmed Order. In such cases, you will be liable to pay YummyBank for the cost incurred on such other food, plus an additional 30% of such cost. You accept that this amount is a genuine pre-estimate of the loss that will be suffered by YummyBank (in terms of reputational loss and administrative and other cost including food cost and delivery cost) for each Confirmed Order that you cancel in such cases.
      YummyBank will bill you the amount for which you are liable under this Paragraph 5.8 by either taking into account such amount in the calculation of your Earnings (defined at Paragraph 5.13) or sending you a separate request for payment. In the event that you are forced to cancel a Confirmed Order due to any unforeseen or special circumstances, please write in to YummyBank explaining such unforeseen or special circumstances. YummyBank will review the situation on a case-by-case basis, and may, at its sole discretion, waive in writing the liability imposed on you under this Paragraph 5.8.
    12. Your Account and/or your YummyChef Subscription may be suspended if, for whatever reason, you frequently cancel Confirmed Orders. Whether or not your cancellations are considered frequent shall be determined by YummyBank in its sole discretion.
    13. Purchase of YummyServices from Other YummyChefs
    14. As a YummyChef, you may purchase YummyServices offered by other YummyChefs. In such event, you shall comply with all the applicable provisions contained in the Terms of Use for YummyFriends as if you were a YummyFriend.
    15. YummyBank Not a Party to Any Transaction
    16. You understand and agree that YummyBank is not a party to any oral or written contract entered into between any YummyChef and YummyFriend in connection with any YummyServices offered, directly or indirectly, through the Platform. All transactions relating to YummyServices are directly between YummyChefs and YummyFriends. YummyBank is not involved in the transaction, and only serves as a facilitator by providing and maintaining the Platform.
    17. Payment and Refund Policy
    18. In order to facilitate the provision of your YummyServices on the Platform, YummyBank has put in place a third party payment collection service to facilitate payment between the Relevant YummyFriend and you.
    19. Under this service:
      1. The Relevant YummyFriend will make payment to YummyBank for the YummyServices ordered.
      2. YummyBank will retain a portion of this payment being the Transaction Fee (defined at Paragraph 9.1) and all other amounts payable by you under these Terms of Use. YummyBank will transfer the balance of the payment (your "Earnings") to you.
      3. Subject to Paragraph 5.13(d), YummyBank will transfer your Earnings into your bank account. YummyBank will make such transfers to your bank account (if any) in accordance with the following terms:
        1. all Earnings arising from Orders closed between the 1st day and the 14th day of each calendar month (both days inclusive) will be transferred into your bank account on the 21st day of the same calendar month; and
        2. all Earnings arising from Orders closed between the 15th day and the last day of each calendar month (both days inclusive) will be transferred into your bank account on the 7th day of the next calendar month,
        (each of the 7th day and the 21st day of each calendar month, a "Payment Day"). In the event that the Payment Day falls on a weekend or a public holiday, your Earnings will be transferred to you on the next working day after the relevant Payment Day. You are required to provide your bank account information in accordance with Paragraph 5.14 in order to receive your Earnings.
      4. As a result of bank transaction fees, YummyBank will only transfer your Earnings into your bank account if the amount of Earnings to be transferred is S$50.00 and above. If the amount of Earnings to be transferred into your bank account on any Payment Day is less than S$50.00, YummyBank will retain such Earnings and will only transfer your Earnings into your bank account at the first Payment Day after such Earnings amount to at least $50.00.
    20. The following provisions shall apply to the bank account information provided by you to YummyBank:
      1. You will be required to provide YummyBank with your bank account information after your first Order has been closed in accordance with these Terms of Use. Such bank account information shall be provided through YummyBank's website on the YummyChef dashboard or such other webpage or application page as YummyBank may determine from time to time.
      2. Upon receiving your bank account information, YummyBank will make a deposit into this bank account in any amount ranging from S$0.01 to S$0.99. Payment of this deposit may be considered payment of any part of your Earnings.
      3. YummyBank will notify you when it has made this deposit. You are required to check your bank account and inform YummyBank through the Platform the amount that was deposited into your bank account. This will serve as confirmation that the bank account details you have provided to YummyBank are accurate.
      4. Do note that transfer of your Earnings into your bank account may be delayed if you only confirm your bank account details within 5 working days before the relevant Payment Day. In such case, your Earnings may only be transferred into your bank account on the subsequent Payment Day.
      5. Do note that you remain responsible for updating YummyBank if there is any change to your bank account details. In this regard:
        1. Your Earnings will be transferred into your bank account, details of which are confirmed in accordance with Paragraphs 5.14(a) to 5.14(c).
        2. In the event that any change to your bank account details results in a return of payment to YummyBank, YummyBank will credit the amount returned to it to your Account. YummyBank shall subsequently treat such bank account as invalid. You will be informed to provide YummyBank with your new bank account information in accordance with Paragraphs 5.14(a) to 5.14(c) (with the necessary modifications). Subsequent transfers of your Earnings will be subject to Paragraph 5.14(d).
        3. In the event that any change to your bank account details does not result in a return of payment to YummyBank, YummyBank shall be deemed to have made payment to you for the amounts paid and YummyBank shall be deemed to have discharged its obligations to make such payments to you. It is your responsibility to close any bank account to which you no longer have access and/or provide your new bank account information to YummyBank at least 5 working days before the relevant Payment Day.
    21. The bank account information provided by you to YummyBank shall be deemed to be accurate. All payments made to such bank account pursuant to these Terms of Use shall be effective to discharge YummyBank's relevant obligations to make such payments.
    22. You agree that, except as otherwise expressly provided in the Terms of Use, all transactions conducted through YummyBank are final and non-refundable.
    23. In the event that any Relevant YummyFriend cancels an Order in accordance with Paragraph 5.5 above, a refund will be given to the YummyFriend and you will not receive any payment for the cancelled Order. The YummyFriend will not receive a refund if he cancels the Order during any time other than that stated in Paragraph 5.5 above. Any exceptions will be determined by YummyBank in its sole discretion.
    24. In the event that you cancel any Confirmed Order, you will not be entitled to any payment for such cancelled Confirmed Order. YummyBank shall be entitled at its sole discretion to refund any payment collected for the cancelled Confirmed Order to the Relevant YummyFriend.
    25. Delivery
    26. You may choose to offer any one or more of the following delivery methods for your YummyServices:
      1. use of third party delivery services (the "Third Party Delivery Method");
      2. self-delivery by you to the Relevant YummyFriend's stated address (the "Chef-Delivery Method"); or
      3. meet-up between you and the Relevant YummyFriend at a venue to be decided (the "Meet-Up Method").
      You may choose to offer any one or more of the above delivery methods whenever you update the available Order Delivery Dates of your YummyServices.
    27. In the event that you choose to offer only one of the delivery methods listed in Paragraph 5.19, the "Confirmed Delivery Method" will be such delivery method offered.
    28. In the event that you choose to offer more than one of the delivery methods listed in Paragraph 5.19, the Relevant YummyFriend will be able to select any one of the following options when the Relevant YummyFriend places his Order:
      1. the "Delivery Option" – this option will be provided to the Relevant YummyFriend in the event that you offer the Third Party Delivery Method, the Chef-Delivery Method or both (regardless of whether the Meet-Up Method is also offered); and/or
      2. the "Self-Collection Option" – this option will be provided to the Relevant YummyFriend in the event that you offer the Meet-Up Method (regardless of whether any other delivery method is also offered).
      Unless Paragraph 5.22 below applies, the delivery method corresponding to the option selected by the Relevant YummyFriend shall be the "Confirmed Delivery Method".
    29. In the event that you offer both the Third Party Delivery Method and the Chef-Delivery Method, and the Relevant YummyFriend selects the Delivery Option, you are required to confirm the delivery method to be used for the Order when you confirm the Order in accordance with Paragraphs 5.3 to 5.4 above. In such case, the "Confirmed Delivery Method" shall be such confirmed delivery method. The Relevant YummyFriend will be notified of the Confirmed Delivery Method when you confirm the Order.
    30. The following terms are applicable to all orders for which the Third Party Delivery Method is the Confirmed Delivery Method:
      1. YummyBank reserves the right to change the third party delivery service provider at any time without consultation or regard for you or any other party.
      2. You are required to indicate the following information on the Platform or such other system designed by YummyBank:
        1. the date on and the time at which the Order should be collected for delivery by the third party delivery service provider; and
        2. the place from which the Order should be collected for delivery by the third party delivery service provider.
      3. YummyBank has no control in the way that any third party delivery service provider delivers the Order. YummyBank shall not be liable for any damage caused by any third party delivery service provider to the Order. YummyBank shall not be responsible for any issues arising from or in connection with the delivery of the Order by any third party delivery service provider.
      4. You are encouraged to read the applicable terms of use and/or terms & conditions of the respective third party delivery service providers. For the avoidance of doubt, no third party delivery service provider shall be construed as an employee of YummyBank.
      5. YummyBank may use multiple third party delivery service providers. You should expect delivery persons from different third party delivery service providers to deliver your YummyServices if you choose to offer the Third Party Delivery Method.
    31. The following terms are applicable to all orders for which the Chef-Delivery Method is the Confirmed Delivery Method:
      1. You will be required to state on your profile page a list of time periods during which you are able to deliver the Order. From this list of time periods, the Relevant YummyFriend will indicate the time period during which he wishes to receive the Order. You are required to deliver the Order within the time period indicated by the Relevant YummyFriend.
      2. You will have to make the necessary arrangements to deliver the Order to the Relevant YummyFriend's stated address. You will be solely responsible for all such arrangements, including deciding on the transportation method and route of delivering the Order to the Relevant YummyFriend's stated address, and ensuring that the Order is packed and secured as appropriate for the type of food contained in the Order.
      3. YummyBank will pay you a fee for such delivery in accordance with terms and conditions to be determined by YummyBank. Currently, this fee will be calculated based on the distance between your stated address and the Relevant YummyFriend's stated address. Such fees may be similar to that which would have been payable to the third party delivery service provider if the Third Party Delivery Method were the Confirmed Delivery Method.
    32. The following terms are applicable to all orders for which the Meet-Up Method is the Confirmed Delivery Method:
      1. You will be required to state on your profile page a list of appropriate meet-up venues at which the Relevant YummyFriend may collect an Order. Appropriate venues include the Relevant YummyFriend's void deck, MRT stations, bus stops and other landmarks. From this list of appropriate meet-up venues, the Relevant YummyFriend will indicate the meet-up venue at which he wishes to collect his Order. You will be required to meet the Relevant YummyFriend at the meet-up venue indicated by the Relevant YummyFriend to hand over the Order.
      2. You will be required to state on your profile page a list of appropriate meet-up times at which the Relevant YummyFriend may collect an Order. From this list of appropriate meet-up times, the Relevant YummyFriend will indicate the meet-up time at which he wishes to collect his Order. You will be required to meet the Relevant YummyFriend at the meet-up time indicated by the Relevant YummyFriend to hand over the Order. You shall be punctual in meeting the Relevant YummyFriend.
    33. The following terms are applicable to all orders for which either the Chef-Delivery Method or the Meet-Up Method is the Confirmed Delivery Method (in addition to the above applicable terms). For the avoidance of doubt, the following terms shall not apply to orders for which the Third Party Delivery Method is the Confirmed Delivery Method:
      1. The Relevant YummyFriend will receive an alphanumeric code in relation to the Order (the "Order Code") when the Relevant YummyFriend receives confirmation of the Order in accordance with Paragraphs 5.3 to 5.4.
      2. Upon delivery of the Order to the Relevant YummyFriend's stated address or handover of the Order at the meet-up venue (as applicable), the Relevant YummyFriend (or the person receiving the Order on his behalf) will be required to inform you of the Order Code. To ensure that you obtain the Order Code, you should also remind the Relevant YummyFriend (or the person receiving the Order on his behalf) to inform you of the Order Code.
      3. You are required to input the Order Code into a web link, application, SMS or such other mode to be determined by YummyBank that will be provided by YummyBank to you.
      4. The Order shall only be deemed to be delivered and closed after you input the correct Order Code into the web link or application in accordance with the foregoing paragraphs. If you do not input the correct Order Code as required, the Order shall be deemed to be undelivered, and YummyBank shall be entitled to withhold all payments relating to the Order until the correct Order Code is input.
      5. In addition to the above, you shall comply with the following:
        1. You shall be punctual in delivering the Order to the Relevant YummyFriend. You shall also be friendly, respectful and polite when interacting with the Relevant YummyFriend.
        2. You acknowledge and agree that YummyBank shall not be responsible for any issues arising from your interaction with the Relevant YummyFriend.
    34. Food Sticker Labels
    35. You are required to label all Orders using YummyBank's blank sticker labels (the "Labels"). The Labels must state the date and time that the earliest food item contained in the Order was prepared. The Labels must fulfil the following conditions:
      1. the abovementioned date and time must be written legibly and in English, in accordance with the following format: DD/MM/YYYY, hour : minute {am/pm}, for example, "24/05/2016, 5:30pm";
      2. the abovementioned date and time must be written using only permanent ink; and
      3. the Label must be stuck securely and prominently on the packaging of each separately-packaged food item contained in the Order.
    36. YummyBank will mail the Labels to your stated address upon your request. It is your responsibility to ensure that your requests for the Labels are made at least 10 working days in advance of the Order Delivery Date.
    37. In order to protect your own interest, you are strongly advised to take a photo of the food item contained in the Order before sealing the packaging. You are also strongly advised to take a photo of all packaged food after the packaging is sealed.
  6. RULES ON SUBMITTED CONTENT, FEEDBACK ETC.
      Submitted Content Generally
    1. In these Terms of Use, the term "Submitted Content" shall include but shall not be limited to any content that is uploaded, posted or otherwise transmitted to any part of the Platform (including but not limited to your profile page and pages related to the YummyServices offered by you) by you or any other Registered User and all Feedback (defined in Paragraph 6.9). Submitted Content may include but is not limited to text, images, video, sound, data and other information.
    2. YummyBank shall be entitled to review all Submitted Content before such Submitted Content is made public. Notwithstanding the foregoing, nothing in these Terms of Use shall require YummyBank to monitor, police or remove any Submitted Content or other information submitted by you or any other Registered User.
    3. You are solely responsible for all Submitted Content published by you.
    4. You hereby undertake that you will not upload, post or otherwise transmit any Submitted Content that:
      1. contains falsehoods, misrepresentations or inaccuracies, or which may mislead any party;
      2. misrepresents the source of anything you post, including impersonation of another individual or entity or any false or inaccurate biographical information of any party;
      3. invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, e-mail addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without such person's knowledge and willing consent;
      4. contains any pornographic, harassing, hateful, illegal, obscene, defamatory, threatening, discriminatory or offensive content;
      5. incites, advocates, promotes or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence;
      6. encourages conduct that would be considered a criminal offence, give rise to civil liability or violate any law;
      7. contains nudity, violence or inappropriate subject matter, or is otherwise inappropriate;
      8. is intended to threaten, stalk, defame, defraud, degrade, victimise, or intimidate any individual or group of individuals;
      9. is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant YummyBank all of the license rights granted herein;
      10. contains or promotes an illegal or unauthorised copy of another person's copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacturer installed copy-protection devices, pirated music or links to pirated music files, or any other item the copy, display, use, performance, or distribution of which infringes on another's copyright, intellectual property right, or any other proprietary right;
      11. intends to harm or disrupt another Registered User's computer or would allow others to illegally access software or bypass security on the Platform or servers;
      12. distributes or contains viruses or any other technologies that may harm YummyBank, or the interests or property of Permitted Users;
      13. contains or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement;
      14. contains advertising for Ponzi schemes, discount cards, credit counselling, online surveys or online contests;
      15. advertises or solicits a business not related to or appropriate for the Platform (as determined by YummyBank in its sole discretion);
      16. contains links to commercial services or products, except as allowed pursuant to these Terms of Use;
      17. contains identical content to other Submitted Content uploaded, posted or otherwise transmitted by you onto the Platform;
      18. uses any form of automated device or computer program that enables Submitted Content to be uploaded, posted or otherwise transmitted onto the Platform without the express written consent of YummyBank; or
      19. contains offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of the payment, or unsolicited advertising or marketing of a service not offered on the Platform or an external platform.
    5. You shall not manipulate or interfere with other Registered Users' Submitted Content.
    6. Your Profile Page and YummyServices Offered
    7. Subject to any exceptions set forth in these Terms of Use, the Account Policies and the Additional Policies for YummyChefs you shall not:
      1. misrepresent the YummyServices that you are providing;
      2. use misleading titles that do not accurately describe your YummyServices;
      3. include brand names or other inappropriate keywords in your profile page, any Feedback, or any other title or description relating to any YummyServices; or
      4. include any information in your profile page that is fraudulent.
    8. Generally, you are required to ensure that your profile page and your YummyServices promote a fair playing field and provide a safe and positive experience for all users of the Platform. Subject to any exceptions set forth in these Terms of Use, the Account Policies and the Additional Policies for YummyChefs, or otherwise expressly granted by YummyBank to you, you shall not:
      1. offer a catalog or a link to a third party platform from which any Registered User of the Platform may obtain any goods or services (including but not limited to goods and services which are similar to YummyServices) directly;
      2. acknowledge or credit a third party service provider for services or products directly connected with any of your Submitted Content;
      3. include any promotional material in connection with any third party service provider;
      4. include third party endorsements in any Submitted Content; or
      5. include links that do not conform to YummyBank's policies with respect to third party links.
    9. Notwithstanding the foregoing, you are permitted to offer or include links to social media platforms PROVIDED THAT such links and platforms promote YummyBank or otherwise have a positive effect on YummyBank's name and reputation.
    10. Feedback
    11. As a YummyChef, you may be entitled to publish your opinion or review in connection with the Platform, any YummyServices and any Registered User (your "Feedback").
    12. You hereby undertake to use careful, prudent, and good judgment when publishing any Feedback. The following actions constitute inappropriate Feedback:
      1. threatening to leave negative or partial Feedback for another Registered User; and/or
      2. publishing Feedback that does not reflect your genuine opinion of the Platform, any YummyServices or any Registered User.
    13. YummyBank is entitled to remove any Feedback which it, in its sole discretion, considers inappropriate or undesirable.
    14. You shall not take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off the Platform or using it for purposes unrelated to the Platform).
    15. You may contact YummyBank regarding any inappropriate use of Feedback via e-mail at hello@yummybank.com. YummyBank shall have the absolute discretion to determine if any reported Feedback is inappropriate and/or ought to be removed.
  7. USE OF SUBMITTED CONTENT
      No Confidentiality
    1. Any Submitted Content provided by you is provided on a non-proprietary and non-confidential basis. You agree that YummyBank shall be free to use or disseminate such Submitted Content on an unrestricted basis for the purpose of running and/or maintaining the Platform.
    2. Ownership, Licence and Intellectual Property
    3. Subject to any arrangements and/or agreements you may have with YummyBank or such other party as may be notified by YummyBank, you retain your ownership rights in all Submitted Content published by you. However, by publishing any Submitted Content on the Platform, you grant, and you represent and warrant that you have the right to grant, to YummyBank a non-revocable, perpetual, worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to link to, use, reproduce, distribute, reformat, prepare derivative works of, display, and perform the Submitted Content, including, without limitation, for the promotion of the Platform and any other businesses undertaken by YummyBank and any other party as may be notified by YummyBank.
    4. Representations and Warrants in connection with Submitted Content
    5. You shall be solely responsible for your own Submitted Content and the consequences of publishing it. In connection with Submitted Content, you represent and warrant that:
      1. you own or have the necessary licenses, rights and consents to use, and authorise YummyBank to use, all patents, trademarks, trade secrets, copyrights or other proprietary rights in and to any and all Submitted Content. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content uploaded, posted or otherwise transmitted by you to or through the Platform.; and
      2. you have the written consent and/or release of every individual identifiable in the Submitted Content to use, and authorise YummyBank to use, the name or likeness of such individual.
    6. Yummybank's Disclaimers and Right to Remove, Edit etc.
    7. YummyBank does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein. YummyBank expressly disclaims any and all liability in connection with all Submitted Content.
    8. YummyBank is entitled in its absolute and sole discretion to remove, edit and/or move in whole or in part any YummyBank Material (defined in Paragraph 8.1) or Submitted Content with or without cause without prior notice and for any reason. YummyBank shall not incur any liability for removing, editing and/or moving in whole or in part any YummyBank Material or Submitted Content.
    9. YummyBank shall not be responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against YummyBank with respect thereto.
  8. INTELLECTUAL PROPERTY RIGHTS
    1. Subject to copyright and other intellectual property rights under applicable law, YummyBank shall be the owner of, and shall retain all the rights in, all of the following:
      1. all content on the Platform (with the exception of the Submitted Content published by Registered Users), including, without limitation, all text, write-ups, articles, software, scripts, graphics, photos, sounds, music, videos and interactive features (the "YummyBank Material"); and
      2. all trademarks, service marks and logos on the Platform and contained in any YummyBank Material (the "Marks").
    2. YummyBank may from time to time produce certain content, including, without limitation, text, write-ups, articles, software, scripts, graphics, photos, sounds, music, videos and interactive features and send such content to you for you to publish onto your profile page or otherwise on the Platform. Notwithstanding anything else in these Terms of Use, such content shall be considered to be YummyBank Material. All rights in such content shall belong to YummyBank. You shall not have any rights in such content, although you may publish such content onto your profile page or otherwise on the Platform.
    3. YummyBank Material and Marks on or provided through the Platform is provided to you for your information and use on the Platform for the promotion of the YummyServices offered by you or of yourself as a YummyChef only. Unless you obtain YummyBank's prior written consent, or unless expressly permitted in these Terms of Use, you shall not use, copy, distribute, transmit, display, sell or license any of the YummyBank Material or Marks, or otherwise exploit any of the YummyBank Material or Marks for any other purposes.
    4. You agree not to circumvent, disable or otherwise interfere with security features of the Platform or features that prevent or restrict the use or copying of any YummyBank Material or Marks or enforce limitations on the use of the Platform or the YummyBank Material or Marks therein.
    5. Subject to these Terms of Use, YummyBank hereby grants you a limited, revocable, non-transferable, non-sublicensable license to reproduce and display the YummyBank Material and the Marks (excluding any software source code) solely for your personal use in connection with accessing and participating in the Platform.
    6. YummyBank reserves all rights not expressly granted in and to the Platform, the YummyBank Material and the Marks.
    7. For the avoidance of doubt, YummyBank is entitled to remove or modify any of the YummyBank Material or Marks at any time.
  9. FEES AND COMPENSATION
    1. YummyBank shall charge you 12% for each Order completed (the "Transaction Fee"). Currently, YummyBank does not charge any fee for registering an Account, publishing or viewing any Submitted Content or offering any YummyServices. YummyBank reserves the right to adjust the percentage to be charged as the Transaction Fee from time to time. In the event that YummyBank does so, YummyBank will inform you of the adjusted percentage through the Platform or by e-mail.
    2. You permit YummyBank to charge you the Transaction Fee and any other fees you may incur in connection with your use of the Platform.
    3. You agree to pay all fees or charges to your Account based on YummyBank's fees, charges, and billing terms then in effect. If you fail to make payment or do not pay on time, YummyBank is entitled to take any actions in accordance with Paragraph 10.1 and/or such other actions to enforce its rights against you.
    4. You are solely responsible for determining your own tax reporting requirements.
    5. Your right to receive any fees or compensation under these Terms of Use (if any) is conditional upon your proper use of the Platform, the continuous activation of your Account and your adherence to all the terms and conditions in these Terms of Use, the Account Policies and the Additional Policies for YummyChefs.
  10. POWER OF YUMMYBANK TO MAINTAIN PLATFORM
    1. YummyBank in its sole and absolute discretion may take any number of the following actions with or without cause without prior notice and for any reason:
      1. delete or remove any Submitted Content, including any Feedback;
      2. limit the features that you may access on the Platform;
      3. suspend or terminate your Account;
      4. retain any amounts which may be due to you under these Terms of Use;
      5. report to law enforcement authorities any actions that may be illegal and/or any reports it receives of such actions; and
      6. any other action which YummyBank in its absolute discretion considers appropriate in the circumstances.
    2. YummyBank shall not be liable for any actions taken under Paragraph 10.1 or such other actions that it in its absolute discretion deems appropriate to run and/or maintain the Platform.
  11. CANCELLATION OF YUMMYCHEF SUBSCRIPTION AND TERMINATION OF ACCOUNT
      Cancellation of YummyChef Subscription
    1. You acknowledge and agree that YummyBank, in its sole and absolute discretion, has the right (but not the obligation) to immediately, without notice and for any reason cancel or suspend your YummyChef Subscription.
    2. The following terms shall apply in the event that you decide to cancel your YummyChef Subscription:
      1. You may cancel your YummyChef Subscription at any time by following the link in your Account under "Account Preferences" to "Deactivate YummyChef Subscription".
      2. You acknowledge and agree to give at least 7 days' notice to YummyBank via e-mail at help@yummybank.com in the event that you decide to deactivate your YummyChef Subscription.
      3. In the notice described in Paragraph 11.2(b), you are required to:
        1. state the last day of your YummyChef Subscription; and
        2. list all your Confirmed Orders that have not yet been fulfilled.
      4. You are required in any event to ensure that all your Confirmed Orders are fulfilled by the last day of your YummyChef Subscription. In the event that you do not fulfil any Confirmed Order by the last day of your YummyChef Subscription:
        1. You will be liable to give the Relevant YummyFriend a full refund for the Confirmed Order which is unfulfilled after the last day of your YummyChef Subscription (the "Unfulfilled Order").
        2. In addition, YummyBank may purchase or otherwise make arrangements for other food as a replacement to the Unfulfilled Order. In such cases, you will be liable to pay YummyBank for the cost incurred on such other food, plus an additional 30% of such cost. You accept that this amount is a genuine pre-estimate of the loss that will be suffered by YummyBank (in terms of reputational loss and administrative and other cost including food cost and delivery cost) for each Unfulfilled Order in such cases.
        YummyBank will bill you the amount for which you are liable under this Paragraph 11.2(d) by either taking into account such amount in the calculation of your Earnings or sending you a separate request for payment. In the event that any Unfulfilled Order is due to any unforeseen or special circumstances, please write in to YummyBank explaining such unforeseen or special circumstances. YummyBank will review the situation on a case-by-case basis, and may, at its sole discretion, waive in writing the liability imposed on you under this Paragraph 11.2(d).
      5. Any amount that remains outstanding and payable to you under these Terms of Use will be paid to you within one month after the last day of your YummyChef Subscription. YummyBank shall be entitled to deduct from this amount all sums payable by you to YummyBank under these Terms of Use, including the amount payable for each Order that you fail to fulfil by the last day of your YummyChef Subscription.
    3. In the event that your YummyChef Subscription is cancelled (whether by you or by YummyBank):
      1. you will no longer, after the last day of your YummyChef Subscription, be considered a YummyChef for the purposes of these Terms of Use;
      2. until your Account is terminated in accordance with these Terms of Use, you will be considered a YummyFriend and may continue to use your Account as a YummyFriend PROVIDED THAT you comply with all the Terms of Use for YummyFriends. You agree and acknowledge that you will comply with the Terms of Use for YummyFriends until your Account is terminated; and
      3. YummyBank shall continue to be entitled to link to, use, reproduce, distribute, reformat, prepare derivative works of, display, and perform all of your Submitted Content.
    4. Termination by YummyBank
    5. You acknowledge and agree that YummyBank, in its sole and absolute discretion, has the right (but not the obligation) to immediately, without notice and for any reason:
      1. delete, terminate, or deactivate your Account;
      2. block your e-mail or IP address;
      3. cancel the Platform; and/or
      4. otherwise terminate your access to or participation in the use of the Platform.
    6. In the event that YummyBank takes any of the actions described in Paragraph 11.4, your Account shall be deemed to be terminated.
    7. Termination by You
    8. You may terminate/deactivate your Account at any time by following the link in your Account under "Account Preferences" to "Deactivate Account". Thereafter, your Account will be deemed to be terminated.
    9. You acknowledge and agree to give 7 days' notice to YummyBank via e-mail at help@yummybank.com in the event that you decide to cancel your use of your Account.
    10. Effect of Termination
    11. Upon termination of your Account:
      1. your right to participate in the Platform shall automatically terminate;
      2. you may not be granted access to your Account or any data contained in your Account;
      3. all licenses granted to you will immediately terminate and you agree to promptly destroy all copies of YummyBank Material, Marks and other content in your possession or control; and
      4. YummyBank retains the right to use any data collected from your use of the Platform for internal analysis and archival purposes, and all related licenses you have granted to YummyBank shall remain in effect for this purpose.
    12. In no event is YummyBank obligated to return any Submitted Content to you. YummyBank shall continue to be entitled to link to, use, reproduce, distribute, reformat, prepare derivative works of, display, and perform all of your Submitted Content.
    13. YummyBank shall not be liable to you or any third party for any action described in Paragraph 11.4 or other action terminating your access to the Platform or your Account.
    14. You shall indemnify and hold YummyBank, and its Affiliates harmless from any claim or demand, including reasonable legal fees and costs, made by any third party due to or arising out of any action described in Paragraph 11.4 or other action terminating your access to the Platform or your Account.
  12. MODIFICATION OR CESSATION OF PLATFORM
    1. YummyBank is entitled at any time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice and in its sole discretion.
    2. YummyBank shall not be liable to you or to any third party for any modification, suspension or discontinuance of services or features related to the Platform.
  13. WARRANTIES, LIABILITIES AND INDEMNITIES
      Disclaimer of Warranties
    1. You agree that your use of the Platform shall be at your own risk.
    2. YummyBank will not at any time be a party to or in any way be responsible for monitoring any transaction between you and any other Registered User.
    3. To the fullest extent permitted by law, YummyBank and its Affiliates disclaim all warranties, express, implied, statutory or otherwise. YummyBank and its Affiliates make no warranties, representations, or guarantees in connection with the Platform, the services offered on or through the Platform or any content published on the Platform, including all YummyBank Material and Submitted Content.
    4. YummyBank does not endorse, warrant, guarantee or assume responsibility for any platform or service advertised or offered by a third party on or through the Platform.
    5. Limitations of Liability
    6. You understand that any decision relating to the use of the Platform is your personal decision for which you alone are responsible.
    7. YummyBank does not and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Platform and/or the accuracy or suitability of any advice, information, or recommendations made by any individual.
    8. YummyBank shall not be responsible or liable for any loss or damage of any sort whatsoever incurred as the result of any such transaction or other dealings. In particular (but without limitation to the generality of the foregoing), YummyBank shall not be responsible or liable to you or any other party for any harm suffered by any party as a result of consuming any food prepared by you. You shall solely be responsible for ensuring that your food meets and satisfies acceptable food hygiene standards.
    9. If there is a dispute between you and another Registered User, or you and any third party, YummyBank is under no obligation to become involved. Furthermore, YummyBank shall not be liable to you or any other party for any claim, demand or damages arising out of or in any way related to such disputes and/or the Platform.
    10. In no event shall YummyBank or its Affiliates be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:
      1. access to or use of the Platform or any services offered by any YummyChef via the Platform, including but not limited to services provided pursuant to an agreement formed independently of the Platform, whether or not an agreement for YummyServices formed via the Platform is in effect;
      2. errors, omissions, mistakes, or inaccuracies of any content published on the Platform, including all YummyBank Material and Submitted Content, and any use of such content;
      3. unauthorised access to or use of YummyBank servers and/or any and all personal information and/or financial information stored therein;
      4. bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platform by any party;
      5. interruption or cessation of transmission to or from the Platform;
      6. defamatory, offensive, or illegal conduct of any party;
      7. dispute, interaction or transaction related to any Registered Users or other users of the Platform; or
      8. use of any third party websites, platforms or services,
      whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not YummyBank is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
    11. In the event that YummyBank is liable to any party notwithstanding the foregoing, the total, aggregate liability of YummyBank and its Affiliates arising from or relating to the Platform shall be capped at the total amount of your Earnings that have not been paid by YummyBank to you. You shall be responsible for bearing all liability in excess of such Earnings not yet paid to you. In any event, you shall bear the full liability for all transactions for which YummyBank does not collect or otherwise handle any payment.
    12. Indemnities
    13. You agree to defend, indemnify and hold harmless YummyBank, and its Affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts and expenses (including but not limited to legal fees) directly or indirectly arising from or otherwise related to your use of, access to, or participation in the Platform, including but not limited to:
      1. any violation of any provision of these Terms of Use, the Account Policies and the Additional Policies for YummyChefs;
      2. unauthorised access to or use of YummyBank servers and/or any and all personal information and/or financial information stored therein;
      3. any violation of any third party right, including without limitation any copyright, property, proprietary, intellectual property, or privacy right; and
      4. any damage caused by any Submitted Content published by you.
    14. Paragraph 13 shall survive these Terms of Use, your Account and your use of and access to the Platform.
  14. MISCELLANEOUS
      Disputes with Other Parties
    1. Your interactions with individuals and/or organisations found on or through the Platform, including payment of and performance of any YummyServices, and any other terms, conditions, warranties or representations associated with any transactions or dealings, are solely between you and such individual or organisation.
    2. Notices
    3. You agree that YummyBank may provide you with notices, including but not limited to changes to these Terms of Use, the Account Policies and the Additional Policies for YummyChef, by e-mail, regular mail, or publications on the Platform.
    4. No Agency, Partnership, Joint Venture or Employment Relationship
    5. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use or your use of any part of the Platform. You do not have any authority whatsoever to bind YummyBank in any respect.
    6. Neither YummyBank nor any Registered User may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.
    7. Third Party Links
    8. Unless expressly stated on the Platform, links to third party sites (i.e., links that direct you to other sites or platforms that are unaffiliated with YummyBank) should in no way be considered as or interpreted to be YummyBank's endorsement of such third party sites or any product or service offered through them. YummyBank does not have any control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party platforms.
    9. YummyBank shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the links to third party sites or any product or service offered through them.
    10. Your dealings and communications through the Platform with any party other than YummyBank are solely between you and such party. Any complaints, concerns or questions you have relating to materials provided by such parties should be forwarded directly to the applicable party.
    11. Transferability
    12. You shall not transfer and assign any of these Terms of Use and any rights and licenses granted to you.
    13. YummyBank shall be entitled to transfer or assign these Terms of Use and any right and licence granted to it.
    14. Contracts (Rights of Third Parties) Act
    15. A person who is not a party to these Terms of Use, with the exception of YummyBank's Affiliates, shall have no right under the Contracts (Right of Third Parties) Act (Cap. 53B) of Singapore to enforce any these Terms of Use. For the avoidance of doubt, YummyBank's Affiliates shall be entitled to enforce these Terms of Use.
    16. Severability
    17. If any term of these Terms of Use is deemed invalid by any court of relevant jurisdiction, the invalidity of such term shall not affect the validity of the remaining terms of these Terms of Use, which shall remain in full force and effect.
    18. Waiver
    19. YummyBank's failure to assert any right or term under these Terms of Use shall not constitute a waiver of such right or term.
    20. Any right or term under these Terms of Use shall only be deemed to be waived if expressly waived in writing by the relevant party granting the waiver.
    21. Governing Law
    22. These Terms of Use shall be governed by and interpreted according to the laws of the Republic of Singapore.
    23. Dispute Resolution
    24. If a dispute arises between you and YummyBank, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and YummyBank agree to endeavour to resolve any claim or controversy amicably. We strongly encourage you to first contact us directly to seek a resolution via e-mail at help@yummybank.com. We may consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as negotiation or mediation, as alternatives to litigation.
    25. You shall not be entitled to commence legal proceedings against YummyBank until and unless both you and YummyBank have attempted in good faith to resolve the dispute by mediation.
    26. For the avoidance of doubt, nothing in Paragraph 14.15 shall prohibit YummyBank from commencing legal proceedings against you at any time.

Last Updated: 10 July 2016, 2200 hours SGT