YOYOYUM WEBSITE TERMS AND 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.
We reserve the right to change these Website Terms from time to time by changing them on this page. We advise you to print a copy of these Website Terms for future reference. These Website Terms are only in the English language.
Use of your personal information submitted via the Website is governed by our Privacy Policy
For the avoidance of doubt, please note that references to "Website" in these Website Terms include any current or future version of our website www.yoyoyum.com and any yoyoyum mobile application through which you access our website or services, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing our website or services that may be developed from time to time).
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.
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. WEBSITE ACCESS AND TERMS
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.
When you use the Website or register an account, you will provide us with personal information such as your name, email address, telephone number, credit or debit card information and address. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy
If you choose to register an account or when you place your first order, we will provide you with a user name and you will select a password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.
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.
2.3. Revision of terms: We may revise these Website Terms at any time. You should check the Website regularly to review the current Website Terms, because they are binding on you. You will be subject to the terms and conditions in force at the time that you place an Order through us.
2.4. Responsibility: You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.
3. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED?
3.1. Compiling your Order: Once you select the Products you wish to order from the menu of your chosen Home-Cook and provide other required information, you will be given the opportunity to submit your Order by clicking or selecting the "proceed", "place my order", "checkout" or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so we will process your Order and errors cannot be corrected.
3.2. Minimum Order Amount: If a Home-Cook has a minimum order amount in place, you may not place an order with that Home-Cook until the value of your Order exceeds that amount. The minimum order amount must be met after applying any discounts or specials that reduce the total Order amount.
3.3. Amending or cancelling your Order: Once you submit your Order and your payment has been authorised, you will not be entitled to change or cancel your Order online (please refer to paragraph 4.5 for details of the process relating to rejected Orders). If you wish to change or cancel your Order, you may contact the Home-Cook directly or our Customer Care team as described in paragraph 6.3 and they will attempt to contact the Home-Cook in order to communicate your requests. However, there is no guarantee that we will be able to reach the Home-Cook or that the Home-Cook will agree to your requests as they may have already started to process your Order.
3.4 Payment authorisation: Where any payment you make is not authorised, your Order will not be processed by or communicated to the relevant Home-Cook.
3.5 Processing your Order and Home-Cook rejections: On receipt of your Order, we will begin processing it by sending it to the relevant Home-Cook and will notify you by email that your Order has been received and is being processed. Any confirmation page that you may see on the Website and any Order confirmation e-mail that you may receive each merely indicate that your Order has been received and is being processed by us, and does not necessarily mean that your Order has been accepted by the Home-Cook. When a Home-Cook confirms receipt of the order and expected collection or delivery time, we will send you an SMS confirmation (provided that you have given us your mobile telephone number). Home-Cooks can not reject orders once they have accepted an order and confirmation is received by the customer.
3.6. Delivery of your Order: Estimated times for deliveries and collections are provided by the Home-Cooks and are only estimates. Neither we nor the Home-Cooks guarantee that Orders will be delivered or will be available for collection within the estimated times. All food preparation and deliveries are the sole responsibility of the Home-Cook accepting the Order. To the extent permitted by law, including the Australian Consumer Law, Yoyoyum accepts no liability associated with food preparation or delivery by the Home-Cook accepting the order.
4.PAYMENT TO HOME COOK
4.1 Mode of Payment
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.
5. PRICE AND PAYMENT
5.1. Taxes and delivery costs: Prices for individual menu items will be as quoted on the Website in Australian dollars. These prices include any applicable taxes but may exclude delivery costs (if you opt for delivery instead of collection) and any online payment administration charge imposed by the Home-Cook (if you pay for your Order online). These will be added to the total amount due where applicable.
5.2. Incorrect pricing: This Website contains a large number of menus and it is possible that some of the menus may include incorrect prices. The products will be sold for the displayed price even if the correct price for an Order is higher than the price stated on the Website.
5.3. Payment methods: Payment for Orders must be made by an accepted credit or debit card through the Website or in cash to the Home-Cook at the point of delivery to you.
5.4. Card payments: If you pay by credit or debit card, you may be required to show the card to the Home-Cook at the time of delivery as proof of identification and so that they can check that the card conforms with the receipt data for the Order. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in delays in sums being deducted from your bank account or charged to your credit or debit card.
5.5. Credit and discount vouchers: A credit or discount may apply to your Order if you use a promotional voucher or code recognized by the Website and endorsed by Yoyoyum, and you pay for any balance by credit or debit card. Please refer to our Voucher Terms & Conditions for the full terms and conditions applicable to the use of credit and discount vouchers.
6. CUSTOMER CARE
6.1. General: Customer care is extremely important to us. Subject to paragraphs 6.5 and 11, our Customer Care team will therefore try to assist you where possible if you have any problems with your Order. You can contact our Customer Care team by emailing us or by calling the telephone number shown under the "Contact" link on the Website. Alternatively, you can access the list of frequently asked questions FAQ
6.2. Questions about your Order: If your Order is taking longer than expected or you have any other problems with your Order, in the first instance you should contact the Home-Cook directly. Alternatively, you can contact our Customer Care Team as described above and one of our Customer Care Advisers will attempt to contact the Home-Cook in order to follow up on your query.
6.3. Changing or cancelling your Order: If you wish to change or cancel your Order after it has been submitted and payment has been authorized, you may email help@yoyoyum.com.au and the team will attempt to contact the Home-Cook in order to communicate your requests. However, there is no guarantee that we will be able to reach the Home-Cook or that the Home-Cook will agree to your requests as they may have already started to process your Order. You cannot cancel an order once the home cook has accepted the order and the order is in process. However, a refund will be made to the customer in special circumstances provided the customer gives a valid reason for cancellation. The customer is not guaranteed a full refund and the refund process will be at YOYOYUMs discretion. In the event the refund is accepted it may take a week for the amount to be credited to the customer’s account. This depends on the receiver and sender banks’ ability to process the refund transaction request to the customer’s account from yoyoyum.
6.4. Complaints or feedback: In the event that you would like to express your opinion on the quality of any Products or the service provided by a Home-Cook, please consider providing feedback in the form of ratings, comments and reviews on the Website (together, "Reviews"). The Reviews are an important part of our quality control process.
6.5. Compensation: If you are dissatisfied with the quality of any Products or the service provided by a Home-Cook and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact the Home-Cook directly to lodge your complaint and, where appropriate, follow the Home-Cook's own complaint procedures. If you are unable to contact the Home-Cook, or the Home-Cook refuses to deal with your complaint, you can contact our Customer Care Team as described above within 48 hours of placing your Order and one of our Customer Care Advisers will attempt to contact the Home-Cook in order to request compensation on your behalf. Please note that we have no control over Home-Cooks and the quality of the individual Products or service that they provide, and we not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Home-Cook.
7. LICENCE
7.1. Terms of permitted use: You are permitted to use the Website and print and download extracts from the Website for your own personal non-commercial use on the following basis:
7.1.1. You must not misuse the Website (including by hacking or "scraping").
7.1.2. Unless otherwise stated, the copyright and other intellectual property rights in the Website and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Website Terms, any use of extracts from the Website other than in accordance with paragraph 7.1 is prohibited.
7.1.3. You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 7.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
7.1.4. You must ensure that our status as the author of the material on the Website is always acknowledged.
7.1.5. You are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining a license from us to do so.
7.2. Limitation on use: Except as stated in paragraph 7.1, the Website may not be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission.
7.3. Reservation of rights: Any rights not expressly granted in these Website Terms are reserved.
8. SERVICE ACCESS
8.1. Website availability: While we try to ensure the Website is normally available twenty-four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.
8.2. Suspension of access: Access to the Website may be suspended temporarily at any time and without notice.
8.3. Information security: The transmission of information via the internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
9. VISITOR MATERIAL AND REVIEWS
9.1. General:
9.1.1. Other than personally identifiable information, which is covered under our Privacy Policy, any material you post, upload or transmit or upload to the Website (including without limitation Reviews) ("Visitor Material") will be considered non-confidential and non-proprietary. By posting, uploading or transmitting any Visitor Material, you represent and warrant that you own or otherwise control all of the rights to such Visitor Material. You agree that we will have no obligations with respect to any Visitor Material, and that we and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use any Visitor Material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.
9.1.2. You represent and warrant that any Visitor Material you post, upload or transmit does not and will not breach any of the restrictions in paragraphs 9.2 to 9.3 below.
9.2. Visitor Material Policy: You are prohibited from posting, uploading or transmitting to or from the Website any Visitor Material (including any Reviews) that:
9.2.1. breaches any applicable local, national or international law;
9.2.2. is unlawful or fraudulent;
9.2.3. amounts to unauthorized advertising; or
9.2.4. contains viruses or any other harmful programs.
9.3. Visitor Reviews Policy: In particular, (but without limitation), any Reviews that you submit through the Website must not:
9.3.1. contain any defamatory, obscene or offensive material;
9.3.2. promote violence or discrimination;
9.3.3. infringe the intellectual property rights of another person;
9.3.4. breach any legal duty owed to a third party (such as a duty of confidence);
9.3.5. promote illegal activity or invade another's privacy;
9.3.6. give the impression that they originate from us; or
9.3.7. be used to impersonate another person or to misrepresent your affiliation with another person.
9.4. Removal of Reviews: The prohibited acts listed in paragraphs 9.2 and 9.3 above are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted, uploaded or transmitted to the Website that we determine breaches a prohibition in paragraphs 9.2 or 9.3 above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason. Notwithstanding the foregoing, Yoyoyum will not remove or edit reviews where Yoyoyum believes that doing so would be in breach of the Australian Consumer Law.
9.5. Use of Reviews: The Reviews and other Visitor Material contained on the Website are for information purposes only and do not constitute advice from us. Reviews and Visitor Material reflect the opinions of customers who have ordered through the Website or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, including the Australian Consumer Law we assume no responsibility or liability to any person for any Reviews or other Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.
9.6. Liability: You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by a Home-Cook or any other third party arising out of or in connection with any Reviews or other Visitor Material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this paragraph 9.
9.7. Disclosure to authorities and courts: You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach of paragraph 9.2 or 9.3 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.
10. LINKS TO AND FROM OTHER WEBSITES
10.1. Third party websites: Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
10.2. Linking permission: You may link to the Website's homepage (www.yoyoyum.com), provided that:
10.2.1. you do so in a fair and legal way which does not damage or take advantage of our reputation;
10.2.2. you do not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;
10.2.3. any website from which you link must comply with the content standards set out in these Website Terms (in particular paragraph 9 (Visitor Materials and Reviews));
10.2.4. we have the right to withdraw linking permission at any time and for any reason.
11. DISCLAIMERS
11.1. Website information: We may make changes to the material on the Website, or to the Service, Products and prices described on it, at any time without notice.
11.2 Specials listed on the Website are subject to change. Home-Cooks may alter their specials at any time, including removing or changing the terms of any loyalty discount program. Loyalty credits earned through a loyalty discount program from a Home-Cook are non-transferrable and are not redeemable for cash.
11.3. Allergy, dietary and other menu information: We try to accurately copy the item names, descriptions, prices, special offer information, heat and allergenic warnings and other information ("Menu Information") from the menus that are provided to us by Home-Cooks. However, it is the Home-Cooks that are responsible for providing this Menu Information and ensuring that it is factually accurate and up-to-date, and we do not undertake any such responsibility. If you are in doubt about allergy warnings, contents of a dish or any other Menu Information, you should confirm with the Home-Cook directly before ordering. Some of the pictures shown are indicative of the style of cuisine only and may not be an actual photo of the dish from the Home-Cook.
11.4. Home-Cook actions and omissions: The legal contract for the supply and purchase of Products is between you and the Home-Cook that you place your Order with. We have no control over the actions or omissions of any Home-Cooks. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website:
11.4.1. We do not give any undertaking that the Products ordered from any Home-Cook through the Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
11.4.2. Estimated times for deliveries and collections are provided by the Home-Cooks and are only estimates. Neither we nor the Home-Cooks guarantee that Orders will be delivered or will be available for collection within the estimated times.
11.4.3. We encourage all our Home-Cooks to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Home-Cook rejects your Order.
11.4.4. The foregoing disclaimers do not affect your statutory rights against any Home-Cook.
11.5. Exclusion of terms: We provide you with access to the Website and Service on the basis that, to the maximum extent permitted by law, including the Australian Consumer Law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website and Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website or Service, or be otherwise implied or incorporated into these Website Terms, by statute, common law or otherwise).
12. LIABILITY
12.1. General: Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law, including the Australian Consumer Law. Nothing in these Website Terms affects your statutory rights, including right relating to the consumer guarantees applicable to the supply of services under these Term.
12.2. Exclusion of liability: Subject to clause 12.1, and your statutory rights under the Australian Consumer Law more generally, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Service or the Website (including the use, inability to use or the results of use of the Service or the Website) for:
12.2.1. any loss of profits, sales, business, or revenue;
12.2.2. loss or corruption of data, information or software;
12.2.3. loss of business opportunity;
12.2.4. loss of anticipated savings;
12.2.5. loss of goodwill; or
12.2.6. or any loss not arising naturally or not arising according to the usual course of things from the relevant breach or acts or omissions.
12.3. Limitation of liability: Subject to clauses 11, 12.1 and 12.2, and your statutory rights under the Australian Consumer Law more generally, our total liability to you in respect of all other losses arising under or in connection with the Service or the Website, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or $100, whichever is lower.
12.4. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
12.5 Indemnity: You agree to indemnify and hold Yoyoyum and applicable affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on the indemnity basis, made by any third party due to or arising out of your breach of these Terms or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
13. TERMINATION
13.1. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website and the Service immediately by notifying you in writing (including by email) if we believe in our sole discretion that:
13.1.1. you have used the Website in breach of paragraph 7.1 (License);
13.1.2. you have posted Reviews or other Visitor Material in breach of paragraphs 9.2 or 9.3 (Visitor Material and Reviews);
13.1.3. you have breached paragraph 10.2 (Links to and from other websites); or
13.1.4. you have breached any other material terms of these Website Terms.
13.2. Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.
14. WRITTEN COMMUNICATIONS
14.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or ordering Products via the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15. EVENTS OUTSIDE OUR CONTROL
15.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control ("Force Majeure Event").
15.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.2.1. strikes, lock-outs or other industrial action;
15.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
15.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
15.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
15.2.5. impossibility of the use of public or private telecommunications networks; and
15.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
15.3. Our performance under these Website Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.
16. ADDITIONAL TERMS
16.1. Privacy Policy: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy, which is incorporated into these Website Terms by this reference and is available here Privacy policy
16.2. Other terms: You should also review our Voucher Terms and Conditions for information regarding the use of credits and promotional discounts on the Website, and our Competitions Terms and Conditions for information regarding the terms applicable to competitions that we may run from time to time. All of these are incorporated into these Website Terms by this reference.
16.3. Severability: If any of these Website Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16.4. Entire agreement: These Website Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
16.5. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.
16.6. Assignment: You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
16.7. Headings: The headings in these Website Terms are included for convenience only and shall not affect their interpretation.
17. GOVERNING LAW AND JURISDICTION
17.1. These Website Terms shall be governed by and construed in accordance with the law of New South Wales. Disputes or claims arising in connection with these Website Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of New South Wales.
18. YOYOYUM VOUCHER TERMS & CONDITIONS
General
1. The following general terms and conditions (the "General Voucher Terms") will apply to all vouchers issued by Yoyoyum from time to time for use on the Website ("Vouchers").
2. Individual Vouchers will also be subject to, and the General Voucher Terms will be supplemented and/or modified by, additional terms and conditions (the "Specific Voucher Terms") that will be specified on the Voucher or at the time the Voucher is issued.
3. Vouchers may only be redeemed towards online Orders from Home-Cooks made through the Website. The code provided with the Voucher is to be entered at the end of checkout process. The final amount owing after a Voucher has been applied will be shown at the top of the credit card entry page and any remaining balance must be paid by credit or debit card
4. Vouchers can only be purchased from a verified Yoyoyum account, and are subject to a maximum purchase limit of $200 per day per verified Yoyoyum account. A verified Yoyoyum account is an account with at least one completed order older than 24 hours. To purchase a Yoyoyum Gift Voucher simply go to www.yoyoyum.com.au/voucher.
5. Subject to the Australian Consumer Law, Vouchers purchased through Yoyoyum cannot be exchanged or refunded, and are valid for such period specified at the time of issue of the Voucher. Yoyoyum reserves the right to cancel any voucher any time without notice. To the extent required by law, including the Australian Consumer Law, Yoyoyum will provide a remedy if it cancels a Voucher.
6. Vouchers are not available for redemption at Home-Cooks that display "Vouchers Not Accepted", and may be valid at other Home-Cooks only under certain conditions (for example, first time Yoyoyum customers). One gift voucher cannot be used for more than one order and the full amount must be used in one transaction (no change will be given). Alcohol restrictions apply. Yoyoyum reserves the right to charge the value of the voucher to your allotted credit card if we determine that the voucher was redeemed contrary to the terms of use.
7. The right to use a Voucher is personal to the intended recipient and may not be transferred. No Voucher may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, or stored in a data retrieval system, without our prior written permission. In particular, Vouchers distributed or circulated without our written approval, for example on an Internet message board or on a "bargains" website, are not valid for use and may be refused or cancelled.
8. Unless otherwise provided or specified in the Specific Voucher Terms:
8.1 Vouchers may not be used in conjunction with other Vouchers or any other discounts or promotions provided or advertised from time to time;
8.2 each Voucher will be valid for use by a recipient only once;
8.3 each customer or household is limited to one Voucher per promotion or offer; and
8.4 the right to use a Voucher is personal to the original recipient and may not be transferred.
9. When you use a Voucher you warrant to us that you are the duly authorised recipient of the Voucher and that you are using it in accordance with these terms, lawfully, legally and in good faith. If we believe in our sole discretion that a Voucher is being used in breach of these terms, unlawfully, illegally or in bad faith, we may reject or cancel the Voucher.
10. Vouchers may not be exchanged for cash.
11. To the extent permitted by law, including the Australian Consumer Law, we shall not be liable to any customer or household for any loss or claim arising out of the refusal, rejection, cancellation or withdrawal of any Voucher or any failure or inability of a customer or household to use a Voucher.
12. To the extent permitted by law, including the Australian Consumer Law, we reserve the right, at any time and in our sole discretion, to add to or amend these terms and conditions in relation to the use of Vouchers or to vary or terminate the operation of a Voucher at any time without notice.
13. All standard terms and conditions from time to time for use of the Website and the Service apply.
19. YOYOYUM COMPETITIONS TERMS & CONDITIONS
1. The following general terms and conditions (the "General Competition Terms") will apply to all competitions run by Yoyoyum.
2. Individual competitions will also be subject to, and the General Competition Terms will be supplemented and/or modified by, additional terms and conditions (the "Specific Competition Terms") that will be specified in connection with each competition.
3. Competitions are open to individual residents of Australia aged 18 or over, except employees of Yoyoyum, their associated, affiliated or subsidiary companies, and their families, agents, or anyone connected with the competition.
4. Winners will be responsible for ensuring they are able to accept the relevant prize, as set out and in accordance with these General Competition Terms and any applicable Specific Competition Terms.
5. We reserve the right to redraw a competition winner if the relevant prize is not accepted or claimed within the time period stated in the applicable Specific Competition Terms.
6. Completing and submitting a competition entry form will be deemed acceptance of the General Competition Terms and any applicable Specific Competition Terms.
7. The General Competition Terms and any applicable Specific Competition Terms shall be governed by the laws of New South Wales and subject to the exclusive jurisdiction of the courts of New South Wales.
8. Any personal data that is collected as part of any Yoyoyum competition will be handled in accordance with our Privacy Policy, which is available at Privacy Policy
9. To the extent permitted by law, including the Australian Consumer Law, we reserve the right to withdraw any competition at any time without prior written notice and/or to alter or amend the General Competition Terms or the Specific Competition Terms for any competition at any time.
11. All standard terms and conditions from time to time for use of the Website and Service apply.
20. YOYOYUM HOME COOK CODE OF CONDUCT
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;
(c) access or use our Site and Application or the YOYOYUM API to use, expose, or allow to be used or exposed, any YOYOYUM Content: (i) that is not publicly displayed by YOYOYUM in its search results pages or listing pages; (ii) in any way that is inconsistent with the YOYOYUM Privacy Policy or Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of YOYOYUM's users or any other third party;
(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.
YOYOYUM may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against YOYOYUM or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms and our Privacy Policy (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of YOYOYUM, its users, or members of the public.
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.
22. Assignment
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.
23. Notices
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.
26. General
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.
28. Relationship
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 help@yoyoyum.com.au.