Terms & Conditions
IMPORTANT LEGAL NOTICE
This page sets out the terms and conditions ("Website Terms") on which we, MYCHEFSTABLE Pty Ltd (ABN 49615785567) ("we", "us" or "Yoyoyum"), provide our services through our website www.yoyoyum.com and any Yoyoyum mobile application through which you access our website or services (together, "Website"). Please read these Website Terms carefully before ordering any products through the Website, as your use of the Website and purchase of any products offered on the Website is subject to these Website Terms. By ordering products via the Website (whether now or in the future) or continuing to use the Website, you agree to be bound by these Website Terms.
I. TERMS AND CONDITIONS OF USE AND SALE
1. INTRODUCTION AND OUR ROLE
1.1. Company details: MYCHEFSTABLE Pty Ltd (ABN 49615785567) is a company registered in Tasmania, Australia at 13 Timbertop Drive, Blackmans Bay TAS 7052.
1.2. Service: We provide a way for you to communicate your orders ("Orders") for products ("Products") for delivery or pickup displayed on the Website (the "Service").
2.1. Website access: You may access some areas of the Website without making an Order or registering your details with us. Most areas of the Website are open to everyone.
2.2. Acceptance of terms: By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any Products through the Website.
YOYOYUM will pay home cooks on a weekly basis by electronic transfer to the home cooks bank account. All home cooks are to enter their bank account details during the registration process on the YOYOYUM website.
4.2 Account Reconciliation
YOYOYUM will make complete payments to home-cooks every Friday. A fee will be deducted from the total amount. This fee is for services retained by Yoyoyum at time of reconciliation for total invoices amount charged to YOYOYUM customer. The fee deducted from the total amount includes the transaction fee to payment gateway and other fees included in maintaining the home cooks profile on the website.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and Application, you hereby grant to YOYOYUM a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site and Application. YOYOYUM does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Application. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Application or you have all rights, licenses, consents and releases that are necessary to grant to YOYOYUM the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or YOYOYUM' use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site and Application and Collective Content. In connection with your use of the Site and Application and Collective Content,you may not and you agree that you will not:
(a) violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
(b) use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site and Application or Collective Content;
(d) use the Site and Application or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
(e) copy, store or otherwise access or use any information contained on the Site and Application or Collective Content for purposes not expressly permitted by these Terms;
(f) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(g) interfere with or damage our Site or Application including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(h) use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(i) use our Site and Application or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
(j) "stalk" or harass any other user of our Site and Application or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a YOYOYUM Home cook or Customer;
(k) offer, as a Home cook, any goods or services that you do not yourself own, create or have permission to create;
(l) register for more than one YOYOYUM Account or register for an YOYOYUM Account on behalf of an individual other than yourself;
(m) contact a Home cook or Customer for any purpose other than asking a question related to transacting on YOYOYUM or use of the Site and Application;
(n) recruit or otherwise solicit any Home cook or other Member to join third-party services or websites that are competitive to YOYOYUM, without YOYOYUM' prior written approval;
(o) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(p) use automated scripts to collect information from or otherwise interact with the Site and Application or Collective Content;
(q) use the Site and Application or Collective Content to find a Home cook or Customer and then complete a transaction independent of the Site or Application in order to circumvent the obligation to pay any Service Fees related to YOYOYUM' provision of the Services or for any other reasons;
(r) as a Home cook, submit any Menu with false or misleading price information, or submit any Menu with a price that you do not intend to honour;
(s) post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
(t) systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
(u) use, display, mirror or frame the Site and Application or Collective Content, or any individual element within the Site and Application or Collective Content, YOYOYUM' name, any YOYOYUM trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site or Application without YOYOYUM' express written consent;
(v) access, tamper with, or use non-public areas of the Site or Application YOYOYUM' computer systems, or the technical delivery systems of YOYOYUM' providers;
(w) attempt to probe, scan, or test the vulnerability of any YOYOYUM system or network or breach any security or authentication measures;
(x) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by YOYOYUM or any of YOYOYUM' providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
(y) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
(z) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;
(aa) advocate, encourage, or assist any third party in doing any of the foregoing; or
(bb) accept or make a payment outside of YOYOYUM. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold YOYOYUM harmless from any liability for such payment.
YOYOYUM has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
You acknowledge that YOYOYUM has no obligation to monitor your access to or use of the Site and Application or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site and Application (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. YOYOYUM reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that YOYOYUM, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
21. Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between YOYOYUM and you regarding the Site and Application, Collective Content, and any orders from Menus made via the Site and Application, and these Terms supersede and replace any and all prior oral or written understandings or agreements between YOYOYUM and you regarding orders from Menus made via the Site and Application, and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without YOYOYUM' prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. YOYOYUM may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by YOYOYUM (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
24. Controlling Law and Jurisdiction
These Terms and your use of the Services will be interpreted in accordance with the laws of New South Wales and Australia. You and we agree to submit to the jurisdiction of the courts of that State and country.
25. Dispute Resolution
Claims between Members
YOYOYUM may, but is not obliged to investigate claims by Members in relation to the provision of services by Home Cooks to Customers.
All claims by or between Members are personal to those Members and YOYOYUM is released and discharged from all claims and liabilities in relation to such claims.
Claims between YOYOYUM and Members
You and YOYOYUM agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, (collectively, "Disputes") will initially be subject to mediation, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
The failure of YOYOYUM to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of YOYOYUM. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
27. Third party beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.
Nothing contained in these Terms shall constitute the relationship of partnership, joint venture, principal and agent or employer and employee between any of the parties. Save as expressly permitted under these Terms, no party may act nor has the authority to act as agent of, or to bind any other party to any obligation and no party shall hold itself out as being the agent of the other party or as having the authority to bind the other party
29. Contacting YOYOYUM
If you have any questions about these Terms, please contact firstname.lastname@example.org.