Yonder Technology Limited (Yonder) grants you a non-exclusive, limited and revocable licence to use and access the Yonder smartphone application or website (Application) and/or the Yonder website (www.yonder.app) (Website), (together, the Platform) subject to these terms and conditions (Terms)
In these Terms, “we”, “us” and “our” refer to Yonder and references to “you” and “your” is to you, the user of the Platform.
By accessing and using the Platform you agree to be bound by these Terms. If you do not agree with these Terms, you must immediately stop using the Platform.
You agree that we may change, update or otherwise amend the Platform and these Terms at our absolute discretion.
We provide the Platform to connect Partners and Customers. We are not and cannot be a party to any transaction between Partners and Customers, including any resultant Order or supply of Products.
We do not accept any responsibility or legal liability whatsoever for any act or omission of the Partner or the Customer arising from or in connection with the use of the Platform, any Orders or Products. The Partner and Customer may enforce any of these Terms against the other party directly in respect of the use of the Platform and each Order.
The Partner shall be fully responsible for any tax and other liability, deduction, contribution, assessment or claim arising from or made in connection with use of the Platform, Services and any Order.
You shall indemnify us against all reasonable costs and expenses and any tax, penalty, fine or interest incurred or payable in connection with or in consequence of any such liability, deduction, contribution, assessment or claim, other than where such liability, deduction, contribution, assessment or claim arises out of our negligence or wilful default.
We may assist with the resolution of any complaint or dispute relating to an Order. However, you acknowledge that any legal recourse arising from or in connection with any Order, whether for breach of contract or otherwise, is against the Partner or Customer (as applicable) and not against us, notwithstanding anything to the contrary in these Terms or on the Platform.
You must cooperate with us and comply with all reasonable requirements, including information and documents relating to use of the Platform.
In order to access the Platform you will need to create an account and register a profile (Profile) on the Platform. You must provide a valid login name and a password (Account Information).
You may also be able to create your Account by providing access via a third party account (such as Facebook, Twitter or Google+), in which case you consent to our access to the third party account and your access to the Platform remains subject to compliance with the terms and conditions of the third party account and applicable privacy settings.
Your Account will become active when you follow the email link to activate your Account or automatically activated by registration through any third party account.
It is your responsibility to keep your Account Information secure and you agree:
not to give out your email with your Account Information;
not to use another person’s Account or share their Account Information;
to take all measures to prevent a third party from accessing your Account, even without your knowledge;
not to give access to your Account to a third party;
not to loan, share, exchange, donation, purchase, transfer and sell any Account (which action is fully prohibited and will not be enforceable against us); and
to use a personal or professional email address to create an account and not share this account information with any third party.
You are solely responsible for the use of your Account, irrespective of who is utilising it, whether with or without your permission. You indemnify us for any loss or damage we suffer as a result of unauthorised access to your Account.
We will collect from you or your third party account (such as Facebook or Google), personal information for your Profile, including your name, email address as well as at least one valid payment method (either a credit card or accepted payment partner).
You acknowledge that the Partners and Yonder rely on the accuracy and completeness of all information provided during the registration process, completing your Profile and updated on the Platform. You shall be responsible for keeping your Account details and Profile up to date.
You warrant and represent that all information provided to us is accurate, complete and not misleading and remains so. You must notify us of any change to such information.
The Customer agrees to:
be over the age of 16;
provide us with detailed Profile information;
order items from the Partners that you are legally entitled to purchase;
drink responsibly and that you are solely responsible for monitoring your drinking; and
inform Partners of any allergies or food intolerances in the comment section of the Yonder Platform before placing each order.
The Partners are solely responsible for and we do not guarantee that food or beverages supplied by our Partners will comply with the Product description.
You acknowledge that we are not required to keep the Platform available for your use and we make no warranties as to its availability or that the Platform will operate continuously or error-free.
We accept no responsibility for the unavailability of this Platform, or any offer of Services found on the Platform, or any interruption or malfunction for any reason whatsoever (including failures of our Internet provider or web hosting service provider, third party intrusions or force majeure) and you agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Platform.
We make no guarantees, implied or express, as to the ongoing availability of the Platform or Services.
All content on the Platform is our copyright and property and can be used for any purpose relating to the Platform or our business. Without our express written permission, you shall not copy the Platform for your own commercial purposes, including:
replicate or use the details and profiles of any Customer or Partner;
replicate all or part of the Services or Platform in anyway;
use any “deep-link”, “robot”, “spider”, “page-scrape” or other automatic device, programme, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, Profiles or any content, nor in any way reproduce or circumvent the navigational structure or presentation of same, nor obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform; and
incorporate all or part of the Platform in any other webpage, website, platform, application or other digital or non-digital format.
All content remains our Intellectual Property, including (without limitation) any source code, product recipes, usage data, ideas, enhancements, feature requests, suggestions or other information provided by the Partner or any Customer.
To the extent permitted by law, Yonder provides our Service and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Service, or that it will be timely or error-free or that defects will be corrected. Subject as provided below, neither Yonder nor any Partner shall have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Services. In the event that Yonder or the Partner is found to be liable to you our total aggregate liability is limited to the purchase price of the Meals you have paid for in your order. This does not include or limit in any way Yonder or any Partner liability for any matter for which it would be illegal for us or it to exclude, or attempt to exclude, our or its liability, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
The Platform may contain information and advertising from third-party businesses, people and websites (Third Parties). You consent to receiving this information as part of your use of the Platform.
Users must maintain in confidence any written information that (Confidential Information):
contains personal information or, where applicable, details of the business of the Partner;
details the business of Yonder;
contains personal information of any Customer; and
is identified by either party as confidential and/or proprietary,
other than information that the relevant party can establish:
was in the public domain at the time it was disclosed;
was already in the possession of a party when given, without having been acquired (directly or indirectly) from the other party; or
was received from another person who had the unrestricted legal right to disclose that information free from any confidentiality obligation.
Users must not:
use any of the Confidential Information except to the extent necessary to exercise its rights and perform its obligations under this Agreement; or
disclose any of the Confidential Information,
provided that each party may disclose Confidential Information that is required to be disclosed:
by law or by order of any court or tribunal of competent jurisdiction;
by any Government Agency, stock exchange or other regulatory body; or
to its personnel and advisors, where the party informs the recipient of the obligations in relation to the Confidential Information under this Agreement.
If a user is required to make a disclosure under this Clause, that user must:
to the extent possible, notify the other party if it anticipates that it may be required to disclose any of the Confidential Information; and
only disclose Confidential Information to the extent necessary to comply.
The obligations under this Clause continue in full force and effect after this Agreement ends.
Your use of the Platform may be suspended or cancelled at any time, for any reason, on a temporary or permanent basis. You must immediately cease using the Platform should you receive a notice suspending or cancelling your licence to use the Platform.
We may end the agreement formed by the Terms immediately by giving you written notice. It is not essential to provide reasons for the termination. Where these Terms have been terminated you must immediately cease using the Platform.
Customers may terminate their use of the Platform and suspend or have an Account removed at any time, provided that no amounts are outstanding. Any amounts standing to the credit of a Customer’s Account shall be forfeited.
Partners may terminate their use of the Platform pursuant to the conditions set out in the Partner Terms & Conditions.
Your use of the Platform may be cancelled at any time, for any reason, on a temporary or permanent basis. You must immediately cease using the Platform should you receive a notice cancelling your licence to use the Platform.
These terms contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.
If you have any concerns about material which appears on our Service, please contact [email protected]
Last updated on: 29/08/2022
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