Terms of Use For YummyFriends

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 those users of the Platform who offer products and services (each, a "YummyChef") and you and other 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 purchasing any YummyService, you represent and warrant that:
      1. you are participating on this Platform as YummyFriend;
      2. you have the authority to enter into these Terms of Use; and
      3. you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein.
    2. 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 YummyFriend Account
    4. You need not register with YummyBank to simply visit and view the Platform, but to purchase any YummyServices and participate in the related features of the Platform, you will need to:
      1. create a password-protected account (your "Account"); and
      2. verify your e-mail address and mobile number in accordance with the instructions provided on the Platform,
      and so become a "YummyFriend".
    5. To create an Account, 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. 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.
    7. 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.
    8. 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.
    9. Licence to Use the Platform as a YummyFriend
    10. YummyBank may grant you a non-exclusive, revocable licence to use the Platform as a YummyFriend 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 YummyFriends (as defined in Paragraphs 4.12 and 4.13 respectively); and
        3. the 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.
    11. 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.
    12. By using, registering for and/or otherwise participating in the Platform as a Registered User, including purchasing 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.
    13. You further acknowledge and agree that you will be personally responsible for any failure to 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 applicable law, and shall be indemnified and held harmless for any loss or damage suffered by YummyBank as a result of such failure.
    14. Account Policies and Additional Policies for YummyFriends
    15. 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.
    16. 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 YummyFriends"). These Additional Policies for YummyFriends may be located at www.yummybank.com/additional-policies/yummyfriends.
  5. RULES RELATING TO YUMMYSERVICES (YUMMYCHEF MENU)
      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 YummyFriends or any provision of these Terms of Use; or
      2. fail to make payment for YummyServices purchased by you.
    2. Pre-Requisites before Completing a Transaction for YummyServices
    3. Before placing any order for any YummyChef's YummyServices (an "Order"), you are required to first do the following:
      1. ensure that you and the YummyChef with whom you place the Order (the "Relevant YummyChef") are friends on the Platform, that is:
        1. ensure that you have requested to add the Relevant YummyChef as a friend on the Platform and that the Relevant YummyChef has accepted your friend request; or
        2. ensure that the Relevant YummyChef has requested to add you as a friend on the Platform and that you have accepted the Relevant YummyChef's friend request; and
      2. communicate with the Relevant YummyChef whether through the messaging function provided on the Platform or otherwise so that you and the Relevant YummyChef can get to know each other. If you and the Relevant YummyChef 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. Placing an Order for YummyServices
    5. You may place an Order with any YummyChef at any time. Do note that the Relevant YummyChef may not confirm your Order immediately. More information about the ordering and confirmation process is set out in Paragraph 5.4.
    6. Upon placing any Order:
      1. You will be required to make payment for the Order.
      2. After making payment, the Relevant YummyChef will be notified of your Order. The Relevant YummyChef will be required to confirm his acceptance of your Order within the Designated Time. The "Designated Time" for the Relevant YummyChef to confirm his acceptance of your Order is within two hours after you place the Order. The Designated Time will only be calculated between 9 am and 9 pm daily. For example:
        1. if you place your Order at 9 am, the Relevant YummyChef must confirm his acceptance of your Order by 11 am the same day;
        2. if you place your Order at noon, the Relevant YummyChef must confirm his acceptance of your Order by 2 pm the same day;
        3. if you place your Order at 8 pm, the Relevant YummyChef must confirm his acceptance of your Order by 10 am the next day; and
        4. if you place your Order at 9 pm, the Relevant YummyChef must confirm his acceptance of your Order by 11 am the next day.
      3. If the Relevant YummyChef does not confirm his acceptance of your Order within the Designated Time, or if he indicates his inability to fulfil the Order, the Order will be cancelled and a full refund will be given to you.
      4. YummyBank may notify you in the event that any of your Orders is cancelled. Do note, however, that it remains your sole responsibility to check the status of your Orders through the Platform. YummyBank will not be responsible for any failure to inform you of any cancelled Order.
    7. Cancellation or Changes to Order for YummyServices
    8. You are allowed to cancel or make changes to your Order:
      1. if such cancellation or change is made before 9 pm on the day before the Lead-Time (defined at Paragraph 5.7) begins; or
      2. if such cancellation or change is made before the Relevant YummyChef confirms the Order in accordance with Paragraphs 5.3 to 5.4.
      A "Modify Order" button will be available and visible on the Platform under your "Order History" during the above time periods.
    9. You may only change your Order at any other time if the Relevant YummyChef agrees to your request for such change. Any change in this regard shall not result in any change to the total price charged to you for the Order. All communications relating to an Order changed in this manner shall be directly between you and the Relevant YummyChef.
    10. The Relevant YummyChef will list the dates (the available "Order Delivery Dates") and times during which you may receive your Order. The Relevant YummyChef will 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. The Relevant YummyChef will only begin preparing your Order after the Lead-Time begins.
    11. YummyBank Not a Party to Any Transaction
    12. 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.
    13. Payment and Refund Policy
    14. You shall make payment for all YummyServices purchased by you in a timely manner and in accordance with the instructions provided on the Platform. You may be required to provide your credit card information to effect payment on the Platform.
    15. You agree that, except as otherwise expressly provided in these Terms of Use, all transactions conducted through YummyBank are final and non-refundable.
    16. You may only seek a refund (less any administrative, transaction or other fees to be determined by YummyBank) if you cancel your Order in accordance with Paragraph 5.5. You will not receive a refund if you cancel your Order during any time other than that stated in Paragraph 5.5 above. Any exceptions will be determined by YummyBank in its sole discretion.
    17. In the event that the Relevant YummyChef cancels any Order which has been confirmed in accordance with Paragraphs 5.3 to 5.4 (a "Confirmed Order"), you will be provided with a full refund for such cancelled Confirmed Order. You may in some cases receive, in addition to the refund, other food as a replacement to the cancelled Confirmed Order.
    18. In the event that you are entitled to a refund under these Terms of Use, YummyBank will send you an e-mail for you to indicate your preferred refund option. You may choose either one of the following refund options:
      1. refund by way of credit card; or
      2. refund by way of crediting the refund amount into your Account. You may use such credited refund amount to pay for subsequent orders of any YummyServices from any YummyChef.
    19. The refund will only be made after you indicate the preferred refund option. An e-mail will be sent to you to inform you when the refund has been made.
    20. Delivery
    21. The Relevant YummyChef will choose to offer any one or more of the following delivery methods for his YummyServices:
      1. use of third party delivery services (the "Third Party Delivery Method");
      2. self-delivery by the Relevant YummyChef to your stated address (the "Chef-Delivery Method"); or
      3. meet-up between you and the Relevant YummyChef at a venue to be decided (the "Meet-Up Method").
    22. In the event that the Relevant YummyChef chooses to offer only one of the delivery methods listed in Paragraph 5.15, the "Confirmed Delivery Method" will be such delivery method offered. In such case, you will be able to see what this Confirmed Delivery Method is before you place your Order.
    23. In the event that the Relevant YummyChef chooses to offer more than one of the delivery methods listed in Paragraph 5.15, you will be able to select any one of the following options when you place your Order:
      1. the "Delivery Option" – this option will be provided to you in the event that the Relevant YummyChef offers 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 you in the event that the Relevant YummyChef offers the Meet-Up Method (regardless of whether any other delivery method is also offered).
      Unless Paragraph 5.18 below applies, the delivery method corresponding to the option selected by you shall be the "Confirmed Delivery Method". You will be notified of the Confirmed Delivery Method when the Relevant YummyChef confirms the Order in accordance with Paragraphs 5.3 to 5.4.
    24. In the event that the Relevant YummyChef offers both the Third Party Delivery Method and the Chef-Delivery Method, and you select the Delivery Option, the Relevant YummyChef will confirm the delivery method to be used for your Order when the Relevant YummyChef confirms the Order in accordance with Paragraphs 5.3 to 5.4. In such case, the "Confirmed Delivery Method" shall be such confirmed delivery method. You will be notified of the Confirmed Delivery Method when the Relevant YummyChef confirms your Order in accordance with Paragraphs 5.3 to 5.4.
    25. You will be reminded of the Confirmed Delivery Method either on the Order Delivery Date or on the day before the Order Delivery Date.
    26. The following terms are applicable to all orders for which the Third Party Delivery Method is the Confirmed Delivery Method:
      1. You will select the time period during which you wish to receive the Order. The time period selected by you must be within the range of time periods listed by the Relevant YummyChef.
      2. You are required to pay in advance for the delivery of the Order (the "Delivery Fee") together with the cost of the Order. The Delivery Fee will be calculated based on the distance between your stated address and the address stated by the Relevant YummyChef to be the place from which the third party delivery service provider collects the Order for delivery.
      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 Order if the Third Party Delivery Method is the Confirmed Delivery Method.
    27. The following terms are applicable to all orders for which the Chef-Delivery Method is the Confirmed Delivery Method:
      1. The Relevant YummyChef will state on his profile page a list of time periods during which an order for his YummyServices may be delivered. From this list of time periods, you are required to indicate the time period during which you wish to receive your Order. The Relevant YummyChef will deliver your Order within the time period indicated by you.
      2. You are required to pay the Delivery Fee in advance together with the cost of the Order. The Delivery Fee will be calculated based on the distance between your stated address and the Relevant YummyChef's stated address.
    28. The following terms are applicable to all orders for which the Meet-Up Method is the Confirmed Delivery Method:
      1. The Relevant YummyChef will state on his profile page a list of appropriate meet-up venues at which an order for his YummyServices may be collected. From this list of appropriate meet-up venues, you are required to indicate the meet-up venue at which you wish to collect your Order. The Relevant YummyChef will meet you at the meet-up venue indicated by you to hand over your Order.
      2. The Relevant YummyChef will state on his profile page a list of appropriate meet-up times at which an order for his YummyServices may be collected. From this list of appropriate meet-up times, you are required to indicate the meet-up time at which you wish to collect your Order. The Relevant YummyChef will meet you at the meet-up time indicated by you to hand over your Order. You shall be punctual in meeting the Relevant YummyChef.
    29. 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. You will receive an alphanumeric code in relation to your Confirmed Order (the "Order Code") when you receive confirmation of the Order in accordance with Paragraphs 5.3 to 5.4. The Order Code will be sent to you by either e-mail, in-application notification, SMS or such other mode to be determined by YummyBank.
      2. Upon delivery of the Order to you at your stated address or handover of the Order to you at the meet-up venue (as applicable), you are required to inform the Relevant YummyChef of the Order Code.
      3. In addition to the above, you shall comply with the following:
        1. You shall be punctual in collecting/receiving your Order from the Relevant YummyChef. You shall also be friendly, respectful and polite when interacting with the Relevant YummyChef.
        2. You acknowledge and agree that YummyBank shall not be responsible for any issues arising from your interaction with the Relevant YummyChef.
      4. If you are not personally receiving the Order either at your stated address or the meet-up venue (as applicable), you are required to ensure that the person collecting the Order on your behalf complies with Paragraphs 5.23(b) and 5.23(c) as if such person were you.
    30. Photographs for Illustrative Purposes Only
    31. Do note that the photographs of all YummyServices on the Platform are for illustrative purposes only. The photographs of the YummyServices published on the Platform may have been taken by professional photographers, and the presentation of any YummyServices in any photographs may differ from that actually delivered to you.
    32. YummyBank shall not be responsible for any differences between the presentation in any photographs or that of the YummyServices actually delivered to you.
  6. RULES RELATING TO YUMMYSERVICES (YUMMYLUNCH MENU)
      Refunds and Cancellations
    1. We will only provide refunds for cancellations made by 12 noon on the day before collection. You can cancel your order through our mobile app or website and refunds will be issued in the same method of payment.
    2. Order confirmation
    3. Once you place an order, we will send you an e-mail to confirm your order. It will state the following information and it is your responsibility to take note of it.
      • Order number
      • Food you ordered
      • Date & time of collection
      • Pick up location
      We reserve the right to not fulfill your order if you are unable to provide your order number and/or appear at the correct pick up location. E.g You choose to pick up at Asia Square but appear at One Raffles Quay. In such cases, we may be able to still send you your order but with additional time taken.
    4. Collection at YummyStops
    5. YummyStops are defined as the collection areas for your YummyLunch orders. The YummyStops are located at:
      1. Asia Square Tower 1 (near taxi stand)
      2. One Raffles Quay (near taxi stand)
      3. UOB Plaza (near taxi stand)
      The collection timings at YummyStops are at 12:00pm and 12:30pm. The food distributors – our YummyCrew will wait up till 30 minutes at each time slot respectively for you to collect your order.
    6. Absence for collection
    7. The YummyCrew will call you 5 minutes before leaving the YummyStop. In the event that you do not pick up the call or are unable to pick up your order at the timing you have selected, there will be no refund provided.
  7. 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) 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
    7. Subject to any exceptions set forth in these Terms of Use, the Account Policies and the Additional Policies for YummyFriends, you shall not include any information in your profile page that is fraudulent.
    8. Generally, you are required to ensure that your profile page provides 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 YummyFriends, 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 YummyFriend, 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.
  8. 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.
  9. 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 Material and Marks on or provided through the Platform is provided to you for your information 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.
    3. 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.
    4. 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.
    5. YummyBank reserves all rights not expressly granted in and to the Platform, the YummyBank Material and the Marks.
    6. For the avoidance of doubt, YummyBank is entitled to remove or modify any of the YummyBank Material or Marks at any time.
  10. FEES AND COMPENSATION
    1. Your right to receive any fees, refunds 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 YummyFriends.
  11. 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.
  12. TERMINATION OF ACCOUNT
      Termination by YummyBank
    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:
      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.
    2. In the event that YummyBank takes any of the actions described in Paragraph 11.1, your Account shall be deemed to be terminated.
    3. Termination by You
    4. 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.
    5. Effect of Termination
    6. 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.
    7. In no event is YummyBank obligated to return any Submitted Content to you.
    8. YummyBank shall not be liable to you or any third party for any action described in Paragraph 11.1 or other action terminating your access to the Platform or your Account.
    9. 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 11.1 or other action terminating your access to the Platform or your Account.
  13. 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.
  14. 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 YummyServices ordered from the Platform.
    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,
      9. 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. Indemnities
    12. 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 YummyFriends;
      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.
    13. Paragraph 13 shall survive these Terms of Use, your Account and your use of and access to the Platform.
  15. 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 YummyFriends 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. Advertisements
    8. Aspects of the Platform and other YummyBank services may be supported by advertising revenue. As such, YummyBank may display advertisements and promotions on any part of the Platform. The manner, mode and extent of advertising by YummyBank on the Platform are subject to change and the appearance of advertisements on the Platform does not imply endorsement by YummyBank of any advertised products or services.
    9. YummyBank shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any such dealings or as the result of the presence of any advertisements on the Platform. YummyBank shall also not be responsible or liable for any damage or loss as the result of your clicking on any advertisements, whether or not such advertisements are in the form of text, media, animation or such other form which contains a header that states 'ad' or 'advertisement'.
    10. Third Party Links
    11. 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.
    12. 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.
    13. 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.
    14. Transferability
    15. You shall not transfer or assign any of these Terms of Use and any rights and licenses granted to you.
    16. YummyBank shall be entitled to transfer and assign these Terms of Use and any right and licence granted to it.
    17. Contracts (Rights of Third Parties) Act
    18. 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.
    19. Severability
    20. 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.
    21. Waiver
    22. YummyBank's failure to assert any right or term under these Terms of Use shall not constitute a waiver of such right or term.
    23. 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.
    24. Governing Law
    25. These Terms of Use shall be governed by and interpreted according to the laws of the Republic of Singapore.
    26. Dispute Resolution
    27. 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 hello@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.
    28. 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.
    29. For the avoidance of doubt, nothing in Paragraph 14.17 shall prohibit YummyBank from commencing legal proceedings against you at any time.

Last Updated: 10 July 2016, 2200 hours SGT