Terms & Conditions

Last Updated: 12-Jul-2017

These Terms & Conditions of Use govern your use of the YUMLO (ABN:19 619 670 512) website including online ordering. References to ‘website’ include the following (as appropriate): http://yumlo.com.au, https://yumlo.com.au or any other site, services (including web-services), software, application or media managed by Yumlo. Your use of the YUMLO’s website constitutes your acceptance of these Terms & Conditions of Use.

Subject to law, YUMLO may, in its discretion, from time to time amend or otherwise modify the Terms & Conditions of Use. YUMLO recommends you carefully read, each time you visit the website, the Terms & Conditions of Use as they may affect your rights.
If you do not agree with the Terms & Conditions of Use, do not use the website or order online.

The YUMLO’s’ Privacy Policy forms part of the Terms & Conditions of Use and can be found on https://yumlo.com.au/privacy-policy

THE WEBSITE

These Terms & Conditions of Use apply to all users of the YUMLO’s website. The YUMLO’s website may include content, information or links to third parties or third party websites. By accepting these Terms & Conditions of Use you agree to hold harmless and relieve YUMLO’s from any liability whatsoever arising from your use of information from a third party or your use of any third-party website.

YUMLO recommends that before you disclose any personal information to a third party that you first read and accept the third party’s privacy policy and terms and conditions of use (if applicable) of their website.

YOUR ACCESS TO THE WEBSITE

YUMLO hereby provides its permission for you to access its website in accordance with these Terms & Conditions of Use, provided that (1) your use of the website is solely for your individual, personal, commercial and non-commercial use, and (2) you will not copy, distribute or publish any part of the website other than as may be reasonably necessary to use the website for its intended purpose, and (3) you will otherwise comply with the Term & Conditions of Use.

You agree not to use or launch, or cause to be used or launched, any automated system or program in connection with the YUMLO’s website, online ordering, including without limitation, publishing or distributing vouchers or codes, “robots”, “spiders”, “offline readers” and the like.

You agree not to collect or harvest any personally identifiable information from the website or use the communication systems provided by the website for any commercial solicitation purposes. You agree not to solicit for any reason whatsoever any users of the website with respect to their submissions to the website.

INTELLECTUAL PROPERTY RIGHTS

The text, graphics and YUMLO’s html code (including flash files and java script) contained in the website are the exclusive property of YUMLO, its affiliates or related entities. Except where otherwise noted, the text, graphics and html code contained here may not be copied, distributed, displayed, reproduced or transmitted in any form or by any means without the prior express written permission of YUMLO.

The website may link to sites not maintained by or related to YUMLO. Hyper-text links are provided as a service to users and are not sponsored by or affiliated with this website or YUMLO. YUMLO has not reviewed the sites hyper-linked to or from this website and is not responsible for the content of any other site. These links are to be accessed at the user’s own risk. YUMLO makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyper-linked to this website. Furthermore, YUMLO does not implicitly endorse third-party sites hyper-linked to this website.

ONLINE ORDERING VIA THE WEBSITE

If the website (including for online), you are responsible for maintaining the confidentiality of your personal details, password (if applicable) and payment details. You acknowledge that when you access the website or an application as a registered member, you may remain logged in to the website or application even after closing the internet browser or application (unless you log-out prior to leaving the website/application, or you erase or block Cookies from the electronic device used to access the website (refer to our Privacy Policy for more information on Cookies)). Where an online order is placed using a smartwatch, your session will time out after 60 minutes of inactivity (provided that you have not selected the ‘keep me logged in’ option on your registered online account).
You agree to accept full responsibility for all your activities on our website and applications (including for online ordering). You further acknowledge that you are fully responsible for the activities of any individual who accesses our website or applications (including for online ordering), using an electronic device which remains logged in to, or associated with, your registered account.

If you order online, we may send you an email confirming the details of your order. The confirmation email will not constitute a tax invoice. The YUMLO online ordering system must only be used by persons over the age of eighteen (18) years, or otherwise under the supervision of an adult or guardian. YUMLO reserves the right to refuse service, terminate your access to the website or online ordering, remove or edit any content or cancel your order/s in its sole discretion and without prior notice to you.

In making YUMLO online system (website and applications) available for use, YUMLO:

  1. does not guarantee that the website, applications and online or SMS ordering system will be error-free or that any errors will be corrected. YUMLO does not guarantee that the website, applications or online ordering system will be free from viruses or other harmful components and you agree to hold harmless YUMLO from any claim, judgement, loss, expense, liability from any viruses or harm suffered by you as a result of using the website, applications or online ordering; and
  2. reserves the right to alter the agreed price if an incorrect price was caused by a software fault, error or malicious attack.
    In using YUMLO online ordering system (whether via the website, an application or electronic device) you:

    1. acknowledge that all orders are treated as an express intention to purchase the nominated goods or services for the agreed online prices;
    2. indemnify YUMLO from all claims, losses, judgement, liability and damage relating to a failure of the online ordering system.

You may provide your personal information, through YUMLO Online Ordering (via the website) to become a registered member of the online ordering system. As a registered member you will be able to save information such as your previous orders and payment details in order to improve (and speed-up) your future ordering experience with us. Refer to our Privacy Policy for more details about how we deal with your personal information.

REFUNDS

If you are not happy with quality of the meal then please let us know. We will replace or refund your order and make sure that your next experience with us is a great one! Please be aware that while we will do everything from our end to complete this refund as soon as possible it may take up to 10 business days depending on your financial institution and the transaction type

ALLERGEN FREE OR GLUTEN FREE PRODUCTS

YUMLO endeavours to provide allergen free or gluten free meals if requested by you, but traces of allergens or gluten may be unintentionally present in food due to cross-contamination during meal preparation. We cannot guarantee 100% that our meals are allergen or gluten free.

YUMLO will not be liable for any costs whatsoever, including medical costs, if a customer has any adverse reaction to a YUMLO product/meal.

PICKUP LOCATIONS

All of the pickup locations (including child care, day care, after school care or your office premise) listed as pickup locations on our site have no financial or commercial interest in YUMLO.
By choosing to pick up YUMLO meals from one of the listed pickup locations, you agree that:

  1. these locations do not provide you with any goods or services of YUMLO;
  2. these locations make no warranties or representations regarding the goods and services provided (including availability and delivery) by YUMLO;
  3. Assertions made by staff members of the pickup facility cannot be hold legitimate representation of YUMLO

INDEMNITY

You agree to defend, indemnify and hold harmless YUMLO and related corporations, affiliates (including pickup locations like child care, day care, after school care or office premises), and the officers, directors, employees and agents of these entities, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from or in connection with: (i) your use of and access to the website (including any online ordering and applications); (ii) your violation of any term of these Terms & Conditions of Use; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right

ABILITY TO ACCEPT TERMS & CONDITIONS OF USE

You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms & Conditions of Use, and to abide by and comply with these Terms & Conditions of Use.

GENERAL

These Terms & Conditions of Use shall be governed by the laws of the New South Wales, Australia. Any claim or dispute between you and YUMLO that arises in whole or in part from the YUMLO website shall be decided exclusively by a court of competent jurisdiction located in Sydney, New South Wales. These Terms & Conditions of Use, together with the YUMLO website Privacy Policy and any other legal notices published by YUMLO on the website, shall constitute the entire agreement between you and YUMLO concerning the website.
If any provision of these Terms & Conditions of Service or Privacy Policy is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions of Service and/or Privacy Policy as applicable, which shall remain in full force and effect. No waiver of any term of these Terms & Conditions of Use shall be deemed a further or continuing waiver of such term or any other term, and the failure by YUMLO to assert any right or provision under these Terms & Conditions of Use shall not constitute a waiver of such right or provision.

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