Yumciti
Helping restaurants take control of their online orders, increase sales, and connect directly with customers.
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Yumciti
TERMS OF USE
Last updated: November 26, 2024
BEFORE USING THE PRODUCTS AND SERVICES, PLEASE READ YUMCITI’S TERMS OF USE CAREFULLY.
This Terms of Use is a legally binding agreement between Yumciti (“Yumciti,” “we,” “our,” or “us”) and you, the user of our services (referred to as “customer,” “you,” “your,” “yours,” or “yourself”), outlining the terms governing your use of our website, platform, application, and services (collectively, the “services”). By accessing or using the services, you confirm that you have read, understood, and agree to comply with this agreement. If you do not agree to these terms, please refrain from using the services. Our Services are intended solely for individuals who are at least eighteen years of age. By accessing or using our Services, you confirm and represent that you are at least eighteen years old and have the full authority, rights, and capacity to enter into the Agreements and comply with all their terms and conditions. If you are under eighteen years old, you are prohibited from accessing or using our Services. You acknowledge and agree that Yumciti reserves the right to update or modify this Agreement at any time, at its sole discretion, by posting the revised terms at this location. You may not amend this Agreement unless the amendment is signed by an authorized representative of Yumciti. Your continued access or use of our Services after the updated terms are posted constitutes your agreement to be bound by the revised terms. If you do not agree with any updates or modifications, your only option is to stop using our Services immediately.
Yumciti reserves the right to update or modify these Terms and any related policies at any time, with changes taking effect upon the posting of the revised Terms. It is your responsibility to review these Terms periodically, as your continued use of the Services after any updates signifies your acceptance of the changes.
Yumciti provides Services that enable restaurants to offer meals and beverages for order, while also providing restaurants with tools to manage orders through contactless solutions. Our Services act as a platform connecting you with restaurants for your orders; however, Yumciti does not prepare or handle your orders. Restaurants operate independently and have agreements with us to provide food and delivery services through our platform. The restaurants are solely responsible for preparing your orders, ensuring food safety, and complying with all applicable laws and regulations related to food service and restaurant operations. Restaurants’ use of our Services is governed by our terms and conditions, which require compliance with federal, state, and local laws, rules, and regulations regarding food preparation, safety, sale, marketing, and menu disclosure. However, Yumciti does not verify the ingredients, menus, food preparation, or representations made by restaurants, nor their compliance with applicable laws for every order placed through our Services. If you have concerns about food allergens or specific questions about your order, you are encouraged to contact the restaurant directly. By using the Services, you acknowledge and agree that Yumciti is not responsible for food preparation, food safety, or any restaurant’s compliance with laws and regulations.
By using Yumciti, you agree to these Terms and consent to the collection, use, and disclosure of your personal information as outlined in the Company’s Privacy Policy, which is incorporated into these Terms by reference. Certain features of Yumciti may also be governed by additional terms and conditions, which are likewise incorporated into these Terms by reference.
To use the Services to place orders, you must register and create an account. During registration, you are required to create a username and password and provide certain personal information. You agree to provide accurate, current, and complete information about yourself as prompted during the registration process. Providing false, incomplete, or outdated information may result in the immediate termination of your account. You are responsible for maintaining the confidentiality of your account and password, including restricting access to your device and account. You agree to accept responsibility for all activities that occur under your account and password, whether the password is used on our Service or a third-party service. You must notify us immediately if you become aware of any unauthorized access to your account or a breach of security.
You may not use a username that belongs to another person or entity without proper authorization, or one that is not legally available for use. Usernames that are offensive, vulgar, or obscene are strictly prohibited. We reserve the right to disable any username, password, or other identifier, whether selected by you or assigned by us, at any time if we determine, at our sole discretion, that you have violated any provision of this Agreement. We are not liable for any injury, loss, or damage arising from your failure to comply with this provision or for any acts or omissions by you or others using your account and password. If you log in through social media accounts, you understand and agree that content provided to and stored in your social media account may become available to us, and you consent to us accessing this information. By placing an order through our Services, you consent to our collection of your personal information and agree that we may retain it for as long as we consider needed.
To purchase food products, merchandise, or other items through the Services, you must provide valid payment card and billing information. By placing an order, you agree that we may charge your credit card, bank account, or other financial account immediately. You also agree that all information provided when placing an order will be true, accurate, current, and complete. If any information you provide is false, inaccurate, outdated, or incomplete, we reserve the right to suspend, terminate, or deny your current or future use of our Services. When you place an order through the Services, the applicable prices will be displayed during the checkout process. You agree to pay the price shown at the time of your order, along with any applicable taxes. You further consent to having your payment method charged for the total amount displayed at checkout. Occasionally, errors may occur in pricing or availability. To the fullest extent permitted by applicable law, the Company makes no guarantees regarding the reliability of the features of the Services or the content on the Services, including the availability of menu items or other products. You acknowledge that any reliance on such material or systems is at your own risk.
Without limiting other guidelines and restrictions in this Agreement, by using the Services, you agree to the following:
• You will not engage in any conduct that harms the Company, its employees, or its users.
• You will use the Services only for lawful purposes.
• You will use the Services in compliance with all applicable laws.
• You will not use another user’s account, impersonate any individual or entity, or forge/manipulate headers or identifiers to disguise the origin of any content transmitted through the Services.
• You will not use the Services to cause nuisance, annoyance, or inconvenience.
• You will not attempt to perform any prohibited actions outlined in this Agreement.
• You will not deep-link to the site or use manual methods, robots, spiders, web crawlers, extraction software, automated processes, or devices to scrape, copy, index, frame, or monitor any part of the site or its content.
• You will not copy or distribute any content displayed through the Services, including menu content, for republication in any format or media.
The Services may include links to third-party websites, offers, or events/activities that are not owned or controlled by the Company. We do not endorse or take responsibility for the content or practices of these third parties, and accessing them is entirely at your own risk. Additionally, we may use authorized third-party services to facilitate payment processing and complete the delivery of your order. By submitting your information, you consent to us sharing your information with these third parties in accordance with our Privacy Policy. These third-party service providers operate as independent contractors and are not employed by us. Their services may be subject to their own separate and independent terms and conditions. We are not responsible for the services, actions, omissions, or representations of these third-party service providers.
The Services, along with its original content, features, and functionality, are and will remain the exclusive property of Yumciti and its licensors. The Services are protected by copyright, trademark, and other applicable laws in the United States and internationally. This Agreement does not grant you any rights, titles, or interests in the intellectual property associated with the Services, our content, or third-party materials, whether explicitly, implicitly, through estoppel, or otherwise. You are prohibited from copying, reproducing, modifying, republishing, uploading, posting, transmitting, or distributing any content from our Services in any form or by any means without prior written consent from us. Additionally, you may not use our trademarks, trade dress, or other intellectual property in connection with any product or service without our explicit authorization.
You agree to defend, indemnify, and hold harmless the company, its officers, agents, partners, and employees from and against any losses, damages, liabilities, claims, or demands, including reasonable attorneys’ fees and expenses, resulting from or related to your use of the services, violation of this agreement, or failure to meet your obligations under these terms. The company reserves the right, at your expense, to assume exclusive defense and control of any matter requiring indemnification. You agree to fully cooperate, at your own cost, in the defense of such claims. Reasonable efforts will be made to notify you of any claim, action, or proceeding that falls under this indemnification as soon as it comes to our attention.
You acknowledge and agree that temporary interruptions to the Services may occur as part of normal circumstances beyond our control. Additionally, you understand and agree that we are not responsible for disruptions or limitations caused by third-party networks or services that we rely on to deliver the Services.
You expressly acknowledge and agree that, to the fullest extent permitted by law, your use of the Services is entirely at your own risk. The Services may be updated or changed periodically, and such changes can occur at any time without prior notice to you. The Services are provided on an "as is" basis without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. The company makes no guarantees regarding the accuracy, reliability, completeness, or timeliness of the content available through the Services. Furthermore, the company does not guarantee that the Services will operate without errors or that they are free from viruses, malware, or other harmful components. If your use of the Services results in the need for maintenance, repair, or replacement of equipment or data, the company will not be liable for those associated costs.
This Agreement will remain in effect for as long as you use our Services. We reserve the right to terminate or suspend your account and restrict access to the Services immediately, without prior notice or liability, at our sole discretion, for any reason, including but not limited to a violation of this Agreement. The failure to exercise or enforce any right or provision of this Agreement shall not be considered a waiver of that right or provision.
The company will not be liable for any incidental, consequential, indirect, special, exemplary, or punitive damages of any kind arising from or related to these Terms of Use or your use of the Services. This includes, but is not limited to, lost profits, loss of business, or inaccuracies in data, regardless of whether the company was advised of, had reason to know of, or was aware of the possibility of such damages. Notwithstanding anything to the contrary, the company’s total liability to you for any cause and regardless of the form of action will always be limited to the amount you paid for the Services. Certain jurisdictions do not allow the limitation of implied warranties or the exclusion of certain types of damages. In such cases, these limitations may not apply to you. These limitations will remain in effect and apply even if any specified remedy in this Agreement is deemed to have failed its essential purpose.
Any cause of action or claim you may have arising from or related to this Agreement or the Services must be filed within one (1) year from the date the cause of action accrues. If not, the claim or cause of action will be permanently barred.
All disputes arising from the subject matter of this Agreement, except for actions related to the patent and copyright provisions of U.S. law, shall be governed by and construed in accordance with the laws of the United States and, where applicable, the laws of the state in which the purchase was made, without regard to conflict of laws principles. Such disputes shall be resolved exclusively in the federal or state courts located in the jurisdiction corresponding to the purchase location. You waive any objections to the exercise of jurisdiction by such courts or to the venue in those courts.
We may contact you regarding your use of our Services or the delivery of your orders. By using our Services, you consent to receiving communications from us, including but not limited to push notifications, phone calls, emails, faxes, SMS and MMS text messages, messages through electronic apps or platforms, and other forms of communication. These communications may relate to our Services, your orders, the delivery of your orders (if applicable), or matters pertaining to this Agreement.
You acknowledge and agree that any claim or dispute in arbitration or legal proceedings must be pursued on an individual basis and not as part of a class or collective action. You further agree that no dispute or claim may be brought in a representative capacity on behalf of the general public or any other individuals. Notwithstanding anything in this Agreement, the interpretation, applicability, or enforceability of this class action waiver may only be decided by a court.
Entire Agreement: These Terms constitute the complete, final, and exclusive agreement between the parties regarding the subject matter and supersede all prior agreements, discussions, or understandings between the parties. Neither party is deemed to have formed a partnership, joint venture, or employment relationship, nor does either have the authority to bind or obligate the other
Waiver: Failure by the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. If a court of competent jurisdiction finds any provision of these Terms to be invalid or unenforceable, the court should strive to give effect to the parties’ original intentions, and the remaining provisions shall remain in full force and effect.
Relationship: This Agreement does not create a joint venture, partnership, employment, or agency relationship between you and the Company as a result of your use of the Services.
Assignment: You may not assign this Agreement without prior written consent from the Company. The Company reserves the right to assign this Agreement without your consent to:
I. An acquirer of its equity, business, or assets; or
II. A subsidiary or affiliate;
III. A successor through merger.
Any assignment by you in violation of this section is void.
Survival: Provisions of this Agreement that by their nature should survive termination will continue to remain in effect, including but not limited to provisions regarding intellectual property, warranty disclaimers, class action waivers, indemnities, limitations of liability, and time limitations for filing claims.
Severability: If any provision of these Terms is deemed invalid or unenforceable, except as otherwise stated, the invalidity of that provision will not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.
For any questions or concerns regarding our policy, please contact us at info@yumciti.com.
Helping restaurants take control of their online orders, increase sales, and connect directly with customers.
Stay up to date with the latest restaurant tech trends and exclusive offers.