This Terms of Use (“Terms”) has last been updated on December 03, 2024.

General Terms

1.1

Yeldam Private Limited, is a company incorporated under the Companies Act, 2013, under the laws of India and having its registered office at Unit 1803, 18th Floor, Manjeera Trinity Corporate, Kukatpally, Hyderabad, Tirumalagiri, Telangana, India, 500072 (“Yeldam Private Limited” “We”, “Us” or “Our”). We aim to provide hygienic and good quality food and beverages to (i) the employees, workers, students, patients or any other individual(s) (“Organization Subscriber(s)”) of an institution or organization (“Entity”); (ii) the employees, workers or any other individual of the Entity’s branches (“Branch”); and (iii) individuals (“Individual Subscriber(s)”), through Our mobile application ‘Yeldam Kitchen’ (“Platform”).

1.2

Any Entity, Organization Subscribers, Organization Admins, Organization Super Admin, Individual Subscribers or any other visitor (merely browsing the Platform) shall be referred to as “You”, “Your”, “Yourself” or “User”, as the case may be, to use the Services (as defined below) as provided in Our Terms of Use (“Terms”).

1.3

These Terms will govern Your use of Our Services, which shall be provided by Us on Our website as well as any other media form, media channel, website or mobile application related, linked, or otherwise connected thereto, which are owned by Us https://kitchen.yeldam.com/ and mobile application ‘Yeldam Kitchen’ (“Platform”), which is owned by Us, and subsequently the use of Services as available to You through Our Platform. No physical signature is necessitated in order to validate these Terms.

ACKNOWLEDGEMENT

2.1

Your access to the Platform and use of the Service is conditioned on acceptance of and compliance with these Terms. These Terms apply to all Users who access Our Platform and/or use Our Services.

2.2

For You to accept these Terms, You shall (i) be of majority age (i.e., 18 years of age and above or as may be the age of majority in Your jurisdiction); and (2) not already be restricted by Us from using Our Platform and Services. In the case that You do not accept these Terms, You shall not avail Our Services as is provided through Our Platform. You can accept these Terms by checking the checkbox or clicking on “I AGREE” or any other similar term and/or by availing Our Services, as the case may be.

2.3

You acknowledge that by clicking on “I AGREE”, or any other similar term, or conveying Your acceptance of these Terms, as the case may be, and by availing Our Services, You are entering into a legally binding agreement to use the Services provided by Yeldam Private Limited and this shall continue to be binding till You continue to access and use the Platform.

2.4

Please note that these Terms shall be applicable to You, even if You browse or access the Platform as a visitor without creating an Account on the Platform. These Terms apply to every User who uses or accesses the Platform. It also applies to any Entity which may be represented by You under actual or apparent authority.

2.5

These Terms are subject to modifications at Our sole and absolute discretion. Further, We may, from time to time, formulate new policies for availing all or any of the Services. The most current version of these Terms will supersede all previous versions. You understand that Your continued use of the Services after any changes to these Terms or addition of new policies constitutes Your acceptance to be bound by the most recent version of these Terms. You have the absolute right to temporarily disable or permanently terminate Your Account by writing to Us at Kitchen@Yeldam.com if these Terms (including changes and additions thereto) are not acceptable to You.

2.6

Please note that in the event of a breach of these Terms in the manner stipulated under these Terms, We reserve the right to (i) suspend Your access to the Platform and the Services provided thereof; (ii) immediately terminate Your Account or Subscription; and/or (iii) report You to the law enforcement authorities or initiate necessary legal actions or appropriate legal proceedings against You in accordance with the applicable laws.

USER ACCOUNTS

3.1

We believe in providing simple and easy access to Our Services. To access any of the Services, You can register Yourself on the Platform by creating an Account through the mechanism made available thereof and sharing the information sought for Your access to the Platform and to use of the Services, subject to You not being restricted by Us or applicable laws to use the Platform.

3.2

In the case of an Entity: The Entity shall appoint a representative who will register himself/herself on Our Platform by creating an Account and by providing Us with the following details (of the Entity and its representative), including any other Information as mentioned in Our Privacy Policy: (a) Your name; (b) Your address; (c) Your email address; (d) Your mobile number; (e) any other information as We require (i.e., the email address or mobile number which will remain with the Entity throughout the existence of the Entity to the extent practical) (“Organization Super Admin”). The Account created on behalf of an Entity shall be referred to as an “Organization Account”. The Organization Super Admin using the Organization Account will also have the right to avail Services in a manner similar to that of an Organization Subscriber under the Organization Subscriber Account (as defined below). The Organization Account will be used by the Organization Super Admin to monitor, manage, invite and create Organization Subscriber Accounts or Organization Admin Accounts (as defined below) and to also add or remove Organization Subscribers or Organization Admin (as defined below) or Branches that may be entitled to receive Our Services.

3.3

In case of an Organization Subscriber(s): The holder of Organization Account may create an Account on the Platform by providing Us with the following details, including any other Information as mentioned in Our Privacy Policy: (a) Your name; (b) Your address; (c) Your email address; (d) Your mobile number; or (e) any other information as We require. For the sake of clarity, an Organization Subscriber may activate and use an Account on the Platform only if its Organization Super Admin/Organization Admin invites such Organization Subscriber to use the Platform through the mechanism provided by Us. The Account created by or on behalf of the Organization Subscriber shall be referred to as an “Organization Subscriber Account”.

3.4

In the case of a Branch of an Entity: The Account created on behalf of a Branch shall be referred to as a “Branch Account”. The Organization Super Admin can add multiple Branches of its business operating in different locations to the Platform. Each Entity will have by default one Branch and Organization Super Admin will have the sole ability to create an Organization Admin Account. Organization Super Admin shall have access to all Branch locations of an Organization. The Organization Super Admin shall assign, give access to the Organization Admin, or modify the locations of the Branch locations. For the sake of clarity, the Organization Admin will only have access to locations which are assigned to them by Organization Super Admin. The Organization Admin will have the right to avail themselves of Services in a manner similar to that of an Organization Super Admin under the Organization Account.

3.5

In case of an Individual Subscriber: You may create an Account on the Platform by providing Us with the following details, including any other Information as mentioned in Our Privacy Policy: (a) Your name; (b) Your address; (c) Your email address; (d) Your mobile number or (e) any other information as We require. The Account created by an Entity shall be referred to as an “Individual Subscriber Account”.

3.6

In case of educational or medical organizations: We will only create an Account for educational, medical or any other organizations, at Our discretion and as per the requirements of such organization. This means We may only create an Account for Organization Super Admin or Organization Admin, who will be responsible for managing the respective subscriptions, on behalf of the Users of their respective Organizations. We may or may not create an Organization Subscriber Account when the Users belong to an educational, medical or any other organizations, at Our sole discretion. The aforementioned Account holders will be responsible for managing the respective subscriptions if the organization/institution is serving food for children who are below the age of 18.

3.7

The Organization Account, Organization Subscriber Account, Organization Admin Account, Organization Super Admin and Individual Subscriber Account may hereinafter be referred to as “Account” and “Accounts”, as the context may require.

3.8

While registering on the Platform, You may be required to share Your email address or mobile number which will be Your User ID (“Credentials”). Based on this information, We will create an Account for You once Your email address or mobile number has been verified by Us or through a one-time-password. Please note We may ask for any other information as We deem fit to create Your User ID.

3.9

You cannot create an Account if there already exists an Account in the Entity’s or its representatives / Organization Super Admin’s/ Organization Subscriber’s / Organization Admin’s / Individual Subscriber’s name, as the case may be (“Duplicate Account”). If such Duplicate Account has been created, We reserve the right to immediately terminate the Duplicate Account and/or any Services availed through that Duplicate Account on Our Platform.

3.10

You hereby expressly consent to receive communications and newsletters from Us by SMS, e-mails, phone calls, in-app notifications or any other means. You can restrict such communications and newsletters by the options provided by Us or only by terminating Your Account with Us.

3.11

Any Person who is Our competitor and a representative of Our competitors (in any capacity) is not allowed to access or use the Services in any case.

3.12

You are responsible for maintaining the confidentiality of Your Credentials and You are fully responsible for all activities that occur under Your Account. In the event that You detect any unauthorized use of Your Account or breach of Your Account, You shall inform Us immediately and change Your Credentials to avoid any further breach of Your Account.

3.13

In the event that You share Your Credentials with any third party, You shall solely be responsible for any consequence, damage, loss, and/or injury including, without limitation, loss of data and misuse of Your Account and We shall under no circumstances be liable for any such consequence, damage, loss and/or injury incurred by You. You will be held responsible for any losses incurred by Us or any other User due to unauthorized use of the Account which is a consequence of Your inability to secure Your Account.

DESCRIPTION OF SERVICES

4.1

Our Platform is an application accessible through the mobile application Yeldam Kitchen through the Google Play Store and Apple App Store. We are engaged in providing fresh-cooked meals to Our Users through Our Platform (“Services”) in the following models:

(a) business-to-business (“B2B”) wherein Our Services are offered to Entities and their Organization Subscribers/Organization Super Admin/Organization Admin; and
(b) business-to-customer (“B2C”) wherein Our Services are offered to Individual Subscriber.
The aforementioned Services can be availed by registering Yourself on the Platform. Further, Your Account is created and activated, only after We have approved the same in the manner, We deem fit.

4.2

Every B2B User availing Our Services shall be subject to a lock-in for a period of fifteen (15) calendar days (“Lock-in Period”) as part of their subscription (“Subscription”). The B2B Users have the option to choose when their Subscription commences and may opt-out from availing the Services at any time after the expiration of Lock-in-Period. Every B2C User may opt-out from availing the Services by following the procedure laid down in the Platform. Please note that the B2C Users are not subject to the Lock-in Period. We reserve the right to modify the duration of the Lock-in Period as We deem fit.

4.3

Subscription Range:

(i) B2B Model: After creating the Organization Account with Our approval in the manner stated above, the Organization Super Admin/ Organization Admin can select the range of the subscription period (“Entity Subscription Period”) for which it and its Organization Subscriber avail the Services using the Calendar (as defined below). The Subscription can be requested and approved for each location in the organization.
(ii) B2C Model: An Individual may select the range of his/her subscription period (“Individual Subscription Period”) to avail the Services using the Calendar and Subscription Page.

4.4

Types of Subscriptions:

(i) B2B Subscription:
- (a) We shall provide Our User with a Subscription on Our Platform covering a diverse range of food and beverages based on the food preferences and eating habits of individuals across age, demography, ethnicity, and location. The food items prepared by Us is offered to all our Users on an as-is basis
- (b) The food items for the Subscription are pre-set, customizable by Us for each day of the week and is not customizable by the User. The Organization Subscribers, Organization Super Admin or Organization Admin can be served/ get the items from the range of food and beverages offered under the Subscription on as-is basis
(ii) B2C Subscription:
- (a) The food items prepared by Us are offered to Individual Subscribers on an as-is basis. The Individual Subscribers can choose items from the range of food and beverages offered to them under the Subscription page, based on which the Individuals can select items for themselves. We reserve the sole and exclusive right to modify the items of the Master Menu based on the feedback of the Users.

4.5

Calendar & Opt-in / Opt-out:

(i) We also provide a calendar on Our Platform through which the Users can select a particular date and time to avail the Services (“Calendar”).
- (a) Under B2B Model:
- (b) Under B2C Model:

4.6

Placing & delivering an order:

(i) B2B Model:
- (a) Subject to these Terms, the Organization Super Admin, Organization Admin and Organization Subscribers may avail Our Services through their respective Account and choose their order through the Subscription page.
- (b) Thereafter, We offer Our Services to Entities and its Organization Super Admins, Organization Admin and Organization Subscribers in two ways: (a) by delivering their orders in sealed and eco-friendly packed food containers or carriage boxes at the premises of the Entity, through our delivery partners; and (b) by delivering the orders of the through our delivery partners, along with appointed personnel to personally serve the order to the Organization Super Admins, Organization Subscribers or Organization Admins. The subscribing Entity may opt for either means of delivery subject to the payment terms specified herein below.
- (c) Organization Subscribers will be allotted a unique and separate QR Code on their Account for each meal which will be scanned at the time of delivery of their order, by either Our personnel or any person from the Entity, through a QR scanner to mark attendance, identify and deliver the particular order of each Organization Subscriber or Organization Admins. However, for certain organizations (including but not limited to educational or medical organizations) the Organization Super Admin or Organization Admin will manage the delivery of food orders. They will be provided with a QR code when the food is delivered, the same shall be scanned and marked by the delivery personnel. Please note that the delivery mechanism is subject to change by Us and the same will be communicated to the Users.
(ii) B2C Model:
- (a) Subject to these Terms, Individual Subscriber may avail Our Services through their Account and choose their order through their Individual Subscription and Master Menu.
- (b) For the purpose of delivering orders to Individual Subscriber, we offer options for the location from which Individual Subscriber can pick up their orders. Based on the selected location by each Individual Subscriber, We provide such Individual Subscriber with their order in sealed and packed food containers at the specified location through our delivery partners.
- (c) Individual Subscriber will be allotted a unique QR Codes on their Account for each meal order which will be scanned, at the time of delivery of their order, by a QR scanner by Our personnel to identify and deliver the order of the Individual.

4.7

We believe in continuous development to meet the industry standards and provide You with better Services, therefore, we reserve the right to modify, add, remove or rename Our Services at Our sole discretion.

SERVICES UPDATES AND AVAILABILITY OF SERVICES

5.1

The Services may, at any time, temporarily be unavailable due to scheduled downtime for upgrades and maintenance, any technical faults or interruptions, User’s geographical location, or prohibitions/restrictions under applicable law or policies for which We may use commercially reasonable endeavors to notify the User in advance.

5.2

Notwithstanding anything to the contrary contained elsewhere, We shall not be liable for unavailability of the Services caused by circumstances beyond its reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, pandemics or epidemics, strikes, etc.

CHARGES AND PAYMENT

6.1

Payment for B2B Services: We shall raise proforma invoices on a monthly or bi-weekly basis based on the billing cycle for the Services availed by an Entity and its Organization Subscriber or Organization Admins, collectively, during such month. All proforma invoices shall be paid by such an Entity within seven (07) days from the date of receipt of the proforma invoice and the Entity shall be liable to pay interest at the rate of 18% per month for any delays in payments. Further, We may at our discretion pause the Entity Subscription if the Entity fails to clear the amounts in respective invoices.

6.2

Payment for B2C Services: We shall charge for the Services availed by the Individuals through the YK Wallet created by them on Our Platform when such Individuals register themselves on Our Platform. An Individual Subscriber shall, from time to time, recharge his YK Wallet using his bank accounts linked to the Platform, UPI services or through using payment gateway services. In the event that a User’s YK Wallet doesn’t have the requisite funds to pay for the next meal order, We will send a notification to the Users reminding them to load sufficient amount in their YK Wallet to pay for the next meal order before the next order booking confirmation time specified in the Platform, failing which it shall be deemed that such User has opted-out for the next meal order. Insufficient amount for the number of meals selected for the next order leads to no order. No partial orders can be confirmed in case of insufficient amount in the YK Wallet.We will deduct the payable amount for Your order from your YK Wallet at the time of booking confirmation specified in the Platform.

CANCELLATIONS AND REFUNDS

7.1

If the User (Organization Admin, Super-Admin, or Subscriber) requests to cancel a partial or full order, cancellation charges will apply. The User will be charged a cancellation fee based on the number of orders canceled and the percentage rates specified on the Platform’s page. These charges are subject to the terms and conditions provided at the time of purchase and may vary depending on the timing and scope of the cancellation.

7.2

Notwithstanding the aforesaid, We may refund any the amount paid by the User for Our Services if (a) an order is cancelled in accordance with these Terms; (b) in exception cases, if We fail to deliver the order, and the User has informed Us about the same with valid proof (this will not guarantee a refund); (c) if We deliver the wrong order to the User.

7.3

For B2B model: If an Organization Subscriber or Organization Admin, Organization Super Admin receives an order at the time of delivery that is (i) incorrect; (ii) damaged; and (iii) spoiled/inedible, We may replace such order subject to the availability of such order at no extra charge. Further, if We are unable to replace such order, We will not charge the Organization Super Admin, Organization Subscriber or Organization Admin for such order.

7.4

For B2C model: If an Individual Subscriber receives an order that at the time of delivery is (i) incorrect; (ii) damaged; and (iii) spoiled/inedible, We may replace such order subject to the availability of such order. Further, if We are unable to replace such order to the Individual, We will issue a refund to the YK Wallet of the Individual Subscriber within two (2) working days.

7.5

In order to request for any cancellation, refunds or related queries, Users may contact Us at Kitchen@Yeldam.Com and We will address the same.

PLATFORM CONTENT

8.1

The Platform and its original content, including but not limited to all source code, databases, functionality, software, any information related to the Services, website designs, audio, video, text, photographs, and graphics, excluding any content provided by the User or other Users (“Platform Content”) and the trademarks, service marks, and logos contained therein (“Marks”) are owned or controlled by Us or licensed to Us, and are protected by copyright and trademark laws and various other intellectual property rights, unfair competition laws and other applicable national and international laws and conventions and the same shall remain the exclusive property of Yeldam Private Limited and its licensors.

8.2

You agree and acknowledge that the unauthorized use of the Platform Content may violate copyright, trademark, and other applicable laws and shall cause irreplaceable damage to Us. Therefore, We shall have the right to initiate any proceedings or any other process under applicable law which is available to it and the same shall be in addition to recovery of damages for such unauthorized use of the Platform Content.

8.3

8.3. The Platform Content shall not be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed for any commercial purpose whatsoever, without Our express prior written permission.

8.4

We cannot and do not guarantee or warrant that files available for downloading through the Platform will be free of infection by software viruses or other harmful computer code, files or programs.

USER CONTENT

9.1

While using Our Services, We may display any information including any data files, written text, graphics, business logos, company name, message, reviews and feedback, or Your Entity name and Entity logo (“User Content”) on the Platform.

9.2

In the case of an Entity, We reserve the right to use and display its business logos and Entity name or any other User Content, as it may be deemed fit by Us, on Our Platform to showcase such Entity as a User of Our Platform and Services.

9.3

You shall own all intellectual property rights, title and interest in the User Content that may be displayed on the Platform unless stated otherwise in the respective Third-Party Terms (based on the specific Third-Party Applications used by You).

10.

USER ACKNOWLEDGEMENT, REPRESENTATIONS & COVENANTS

The User acknowledges that:

(i) We do not guarantee the sequence, accuracy, completeness, or timeliness of the information contained on the Platform provided through Our Service;
(ii) the provision of certain parts of the Platform and Services is subject to the terms and conditions of other agreements to which Yeldam Private Limited is a party;
(iii) none of the information contained on the Platform and/or provided through Our Service constitutes a solicitation, offer, opinion, or recommendation by Us to buy or sell any security, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security or investment;
(iv) the information provided on the Platform and/or provided through Our Service is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation. Accordingly, anything to the contrary herein set forth notwithstanding, Yeldam Private Limited, its suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall not, directly or indirectly, be liable, in any way, to the User or any other person for any: (i) inaccuracies or errors in or omissions on the Platform and/or the Services including, but not limited to, quotes and financial data; (ii) delays, errors, or interruptions in the transmission or delivery of Our Services provided through the Platform; or (iii) loss or damage arising there from or occasioned thereby, or by any reason of non-performance and;
(v) when You create an Account, You must provide information that is accurate, complete, and current at all times. Further, You shall be obligated to share only such information which it is lawfully authorized to disclose. In the event that You provide any information which (a) is inaccurate, incomplete, or not updated; and/or (b) is not authorized to disclose, it shall constitute a breach of these Terms.

11.

RESTRICTIONS ON USE

11.1

You may not access or use the Platform for any purpose other than that for which We make the Platform available. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Us.

11.2

You agree to access the Platform and use the Services solely for Your own benefit (or the benefit of Your Entity, in case of a representative of such Entity), and not for the purpose of resale or other transfer or disposition to, or use by or for the benefit of, any other Person or Entity.

11.3

As a User of the Platform, You agree not to:

(a) Impede and impair the operations and functionality of the Platform in any manner.
(b) Copy and distribute the Platform Content and information provided on the Platform on other servers without due authorization from Us.
(c) Use the Platform and the Services provided thereof for any illegal purpose or in any manner inconsistent with these Terms.
(d) Use any technology or any automated system for the purpose of dissemination of any usernames, passwords, email addresses or any other data/information from Us or the Platform.
(e) Send any information on behalf of Us to any third-party including other Users. It is solely Our responsibility to solicit any information and to send through emails, SMS, multimedia content, advertisements and/or promotional activities to send any data/information to Our Users.
(f) Pass on any data/information which contains Confidential Information (as defined below) about other Users to any third parties or servers without prior consent from Us or such Users.
(g) Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Us.
(h) Trick, defraud, or mislead Us and other Users, especially in any attempt to learn sensitive account data/information such as User Credentials.
(i) Make any unauthorized use of the Platform, including collecting Credentials of Users by electronic or other means for the purpose of sending unsolicited email, or creating Accounts by automated means or under false pretenses.
(j) To create or attempt to create a Duplicate Account.
(k) To impersonate or attempt to impersonate another User or person or use the username of another User.
(l) License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time-share or otherwise commercially exploit or make the Platform and the Services provided thereof available to any third-party.
(m) Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform and the Content contained therein.
(n) Disparage, tarnish, or otherwise harm, in Our opinion, the Platform or Us or Our Users.
(o) Use any data/information obtained from the Platform in order to harass, abuse, or harm another person, may it be representatives of Yeldam Private Limited or any other User.
(p) Use, transfer, distribute, or dispose of any data/information contained on the Platform in any manner that could compete with Our Service.
(q) Make improper use of Our support services or submit false reports of abuse or misconduct.
(r) Indulge in an activity which would disable, manipulate, block or attempt to obscure the Platform Content on the Platform.
(s) Use the Platform in a manner inconsistent with any applicable laws or regulations.
(t) Use the Platform to store or process any content that infringes upon any Person’s intellectual property rights or is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory; or “crawl,” “scrape,” or “spider” any page, data, or portion of or relating to the Platform (through use of manual or automated means).
(u) Engage in unauthorized framing of or linking to the Platform.
(v) Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
(w) Access any data/information that is not meant to be accessed or used by the User.
(x) Delete the copyright or other proprietary rights notice from any Platform Content.
(y) Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
(z) Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
(aa) Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
(bb) Modify, adapt, or hack the Platform or otherwise attempt to gain or gain unauthorized access to the Platform and the Services provided thereof or related systems or networks.
(cc) Copy or adapt the Platform’s software, including but not limited to PHP, HTML, JavaScript, or other code.
(dd) Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way jeopardizes any part of the Platform.
(ee) Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.
(ff) Use the Platform as part of any effort to compete with Us or otherwise use the Platform for any revenue-generating endeavor or commercial enterprise.
(gg) Use the Platform in any manner that violates any applicable laws.
(hh) Abuse or threaten Us or other Users by displaying verbal violence, rage or anguish.
(ii) Post review or feedback that constitutes defamation or harassment of any kind of Us or Our Users or uses unparliamentary language therein.
(jj) Misuse of Our brand image or spread untrue information about Our Platform.
(kk) Providing any irrelevant and non-realistic feedback on Our Platform.

12.

PLATFORM MANAGEMENT

12.1

We reserve the right, but shall not be obligated, to: (i) monitor the Platform for violations of these Terms; (ii) take appropriate legal action against anyone who, at its sole discretion, violates the applicable law or these Terms, including without limitation, reporting such User to law enforcement authorities; (iii) refuse, restrict access to, limit the availability of, or disable the access of the Platform and any Services or any portion thereof without any liability and at its sole discretion; (iv) remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to the Our systems without any limitation, notice, or liability and at its sole discretion; and (v) manage the Platform in a manner designed to protect Our rights and property and to facilitate the proper functioning of the Platform.

12.2

The Platform may sometimes contain certain errors, mistakes, inaccuracies, discrepancies or omissions or certain information might not be complete or current. We reserve the right to rectify errors, mistakes, inaccuracies, discrepancies or omissions and change and update the information so provided without providing any prior notice to You. We shall not be liable for any inaccuracies, omissions or discrepancies in the information which may be provided on the Platform.

13.

FEEDBACK

We may provide you with a mechanism to provide feedback, comments, questions, suggestions, and ideas about our Services (“Feedback”). You agree that We may, in our sole discretion, use the Feedback You provide to Us in any way, including in future enhancements and modifications to Our Services. You hereby grant to Us and Our assigns a perpetual, worldwide, fully transferable, sublicensable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner for any purpose, in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to You or any third party.

14.

CONFIDENTIALITY

14.1

To the extent that You receive or possess any non-public information from Us that is confidential or, given the nature of the information or circumstances surrounding its disclosure, reasonably should be considered to be confidential, such information is “Confidential Information” and must be handled according to these Terms.

14.2

For the purpose of these Terms, “Confidential Information” includes but is not limited to: (a) non-public information about the technology, customers, business plans, marketing and sales activities, finances, operations and other business information; (b) the existence and content of any discussions or negotiations regarding the User’s Account and/or access of the Platform and the Services provided thereof; (c) business model and structure which Platform consists thereof.

14.3

‘Confidential Information’ does not include any information that: (i) is publicly available or becomes publicly available through no action or fault of the User, (ii) was already in the User’s possession or known to the User prior to being disclosed or provided to the User by or on behalf of the other party, provided, that, the source of such information or material was not bound by a contractual, legal or fiduciary obligation of confidentiality to the non-disclosing party or any other party with respect thereto, (iii) was or is obtained by the User from a third party, provided, that, such third party was not bound by a contractual, legal or fiduciary obligation of confidentiality to the non-disclosing party or any other party with respect to such information or material, or (iv) is independently developed by the User without reference to the Confidential Information (in which case the onus of proof shall lie solely with the User).

14.4

You may not use Confidential Information except in connection with access to the Platform and the Services provided thereof as permitted under these Terms or as separately authorized in a signed writing by Us.

14.5

You agree to not disclose Confidential Information after the cessation of usage of the Services through the Platform and after these Terms otherwise no longer apply. You will take all reasonable measures to avoid disclosure or unauthorized use of Confidential Information in perpetuity.

14.6

You agree that information provided relating to the Platform and the Services is Confidential Information, and, in addition to the other requirements set forth in these Terms, You agree to not: (i) access and use the Platform and the Service for benchmarking or performance testing or to publicly disseminate performance information or analysis from any source relating to the Platform and/or the Services; (ii) modify or create derivative works of the Platform and the Service thereof or remove any product identification, proprietary, copyright or other notices contained in the Platform and/or the Services; or (iii) allow any other individual to access the Platform or use the Service.

15.

THIRD-PARTY SERVICE PROVIDERS AND APPLICATIONS

15.1

For the provision of Services, ease of access of the Platform by You and any other reason that We deem necessary for Our business purpose, We, at Our sole discretion, reserve the right to use any third-party service providers.

15.2

You acknowledge that Our Services integrate with certain third-party applications (“Third-Party Application(s)”) and that access and use of the Third-Party Applications may require acceptance of terms of service and privacy policies applicable to such Third-Party Applications (“Third-Party Terms”). We neither have any control nor determine or advise or in any way involve Ourselves in the offering or acceptance of such commercial / contractual terms between Users and third-party service providers.

15.3

We reserve the right to share any Information in connection with Our Services, irrespective of whether such Information is promotional or otherwise, with You through third-party social media channels which will enable Us to engage with You to share relevant information, or to enhance and modify Our Services and Our Platform.

15.4

You are responsible for reading and understanding the Third-Party Terms before accessing or using any Third-Party Application. You acknowledge and agree that We are not liable for any Third-Party Applications.

15.5

You acknowledge and agree that You are availing the Services and browsing the Platform solely at Your own discretion, risk and cost, if any. We do not exercise any ownership, control or supervision over the third-party service provider or their services.

15.6

We make no representation or provide no warranty and guarantee (express or implied) for the services offered by the third-party service provider, even if the services have been availed or sought to be availed through the Platform. Any claims, actions or inactions relating to the services availed from third-party service provider should be settled inter-se between You and the third-party service provider.

15.7

While We will try to provide You with advance notice, whenever reasonably possible, You acknowledge and agree that We may, at any time, at its sole discretion and without any notice to You, suspend, restrict or disable access to or remove from Services, any Third-Party Application, without any liability to You, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses.

16.

16.1

By using the Platform, You agree to be bound by Our Privacy Policy, available at Our Platform, which is deemed to be incorporated into these Terms.

16.2

Please be advised that the Platform is hosted in the United States of America (“Host Nation”). If You access the Platform from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the Host Nation, then through Your continued use of the Platform, You are transferring Your data to the Host Nation, and You agree to have Your data transferred to and processed in the Host Nation.

17.

DISCLAIMER AND LIMITATION OF LIABILITY

17.1

THE IMAGES OF DISHES AND MEALS DISPLAYED ON OUR PLATFORM ARE FOR ILLUSTRATIVE PURPOSES ONLY. THEY ARE INTENDED TO PROVIDE A GENERAL IDEA OF THE DISHES AND MAY NOT EXACTLY REPRESENT THE ACTUAL APPEARANCE OR PRESENTATION OF THE MEALS SERVED. ACTUAL DISHES MAY VARY IN APPEARANCE BASED ON INGREDIENTS, PREPARATION METHODS, AND INDIVIDUAL SERVING STYLES.

17.2

YOU UNDERSTAND THAT THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY MATERIAL. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SERVICE’S CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SERVICE, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE SERVICE OR LINKED TO THE SERVICE.

17.3

WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, (G) ANY INFORMATION LEAK, DATA LOSS, DATA THEFT, DATA CORRUPTION OR THE ILLEGAL OR WRONGFUL USAGE OF ANY DATA STORED ON OUR PLATFORM OR OUR SERVERS, AND/OR (H) ANY DATA LOSS OR DATA THEFT, OR DATA CORRUPTION OR THE ILLEGAL OR WRONGFUL USAGE OF ANY DATA STORED ON THE SERVERS OF THIRD-PARTY APPLICATIONS.

17.4

YOU AGREE THAT WE SHALL, IN NO EVENT, BE LIABLE FOR ANY DIRECT, ACTUAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY THE USERS USE OF OR INABILITY TO USE THE SERVICE AND THE SERVICES OF ANY THIRD-PARTY OR SERVICE PROVIDER SO ENGAGED UNDER THESE TERMS OF SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

18.

INDEMNITY

You agree to indemnify and hold harmless Yeldam Private Limited, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that You have used the Platform and the Services in violation of another party's rights, in violation of any law, in violations of any provisions of these Terms herein, or any other claim related to Your use of the Platform and/or the Services, except where such use is authorized by Us.

19.

DISABLEMENT OR TERMINATION OF SERVICES

19.1

If You are the authorized legal representative for a deceased or legally incapacitated Individual or Organization Subscriber or Organization Admin or Organization Super Admin or an Entity that has been formally dissolved or otherwise ceased to be authorized to act for his, her, or its own Subscription or Account (without opportunity for revival), and You wish to disable or terminate such Subscription or Account and not avail Our Services for such Organization Super Admin/Organization Admin/ Individual and Entity, then You must notify Us in accordance with the requirements in these Terms to request disablement or termination of the Service. We will disable or terminate the Service only if You demonstrate, to Our satisfaction, your legal authority to act and be legally responsible for such Individual/ Organization Super Admin/Organization Admin and/or Entity.

19.2

The Users of the Platform may disable or terminate their respective Subscription and Account by the following procedure:

19.3

Entity Subscription: An Entity through Organization Admin or Organization Super Admin may disable/terminate their Organization Account, Branch Account along with the Entity Subscription only after the Lock-in Period, clearing any pending/outstanding dues to Us and by raising such cancellation request to Us. Such request shall be examined by Us and will be processed only after Our approval. It is hereby stated that any such disablement/termination shall affect disable/terminate all respective subscriptions of all Organization Subscriber, Organizational Super Admin and Organization Admin.

19.4

Organization Subscriber Subscription: The Organization Subscribers/Organization Super Admin/Organization Admin may disable/terminate their respective Account only after the Lock-in Period and by contacting their respective Organization Super Admin/Organization Admin as the case may be. Further, Organization Subscribers/Organization Super Admin/Organization Admin may only disable their respective Accounts in a manner as may be prescribed by Us.

19.5

Individual Subscriber Subscription: An Individual Subscriber may disable his Subscription or Individual Subscription Account as prescribed by Us on the Platform. The Individual may terminate their Individual Subscription by contacting Us at Kitchen@Yeldam.Com.

19.6

Deletion of User Account: You may choose to permanently terminate your account with Us by submitting a request through the option provided on the Platform. In the event that You choose to permanently terminate your Account, you will lose permanent access to your Account and all associated information, subject to the terms outlined here. Furthermore, your Account and all related information will be deleted within a specified time frame. If you are an Individual Subscriber, all information pertaining to Your Account will be permanently erased in next seven (7) days. If you have an Organization User Account, the Account will be terminated in the next fourteen (14) days once no objection is raised by your Organization Super Admin in first seven (7) days from requested date. User account deletion/ termination request will be rejected if there is any valid reason received from Organization Super Admin in given time. However, in certain cases, We may retain certain information of the Users, if the same is necessary for a specified purpose or required for compliance with other applicable laws.

19.7

Termination of Account by Us: In addition to the above, We may terminate Your Account, without notice to You, and suspend Your access to the Platform and the Services provided thereof, at any time, effectively immediately if You violate any provisions of these Terms. We may provide You notice for any such breach and its rectification; however, we will not be obligated to do so and may directly and immediately terminate Your Account and the provision of Our Services to You.

19.8

Notwithstanding anything, We shall not be liable to You or any third party for the termination or suspension of the Service towards You or any other User, or any claims related to the termination or suspension of the Service. For the sake of clarity, in case of suspension of Your access to the Platform, We will restrict Your access to the Platform. We reserve the right to decide whether the suspension of Your access to the Platform will be temporary or permanent and whether We may decide to permanently terminate Your Account or not.

19.9

Upon termination of these Terms by You or Us, You must discontinue its use of the Platform and Services and destroy promptly all materials obtained from the Platform and the Services and copies thereof. Further, We will delete Your Account and Your Information within the following timelines:

(i) In the case of B2B model, within two (02) business days from receipt of the payments for all pending dues with respect to the invoices raised by Us for the Services provided to the Entity and its Organization Subscribers or Organization Admins prior to the termination of such Accounts.
(ii) In case of B2C model, within two (02) business days from the transfer of payments from Your YK Wallet to Your preferred bank account after deducting any or all transactions charges (which will take place within two (2) working days from the confirmation of Your intended termination of Account).

20.

MISCELLANEOUS

20.1

Any violation of these Terms or any indecent action towards third party service provider will not be tolerated and shall attract prompt and punitive disciplinary action as per applicable laws enforced in India and including but not limited to termination of usage rights as well as legal action. Without limiting Ourselves of other remedies, you must pay Us any amount owed to Us and reimburse Us for all losses and costs (including any and all of Our associates, officers or representatives time) and reasonable expenses (including but not limited to legal fees) related to investigating a breach or collecting such amounts due.

20.2

You acknowledge that no joint venture, partnership, employment, or agency relationship is crated or exists between You and Us as a result of the Your use of the Platform.

20.3

Our performance under these Terms is subject to existing laws and legal process and nothing contained in these Terms is in derogation of Our right to comply with law enforcement requests or requirements relating to a User’s use of the Platform or Information provided to or gathered by Us with respect to such use.

20.4

You shall not assign any rights or obligations arising under these Term, whether by operation of law or otherwise, without Our prior written consent. You agree that We may subcontract certain aspects of the Service to third party service providers for the fulfilment of Services as per these Terms.

20.5

Any claim or controversy that arises out of or relates to these Terms, or the breach of it, the same shall be referred to a person nominated by Us whose decision shall be final and binding upon the parties hereto. Such references shall be deemed to be a submission to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996.The seat of arbitration shall be Hyderabad, and the process shall be in English Language.

20.6

You acknowledge that irreparable harm will result to Us if You breach any of these Terms and You acknowledge and agree that such a breach would not be properly compensable by an award of damages. Accordingly, you agree that We shall be entitled to, in addition to other available remedies and damages, injunctive relief or other equitable relief enjoining such breach at the earliest possible date.

20.7

In the event that any provision of these Terms is held to be invalid or unenforceable by a court or regulator of competent jurisdiction, the valid or enforceable portion thereof and the remaining provisions of these Terms will remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. All waivers must be in writing.

20.8

These Terms shall be governed by the laws of India and in case of any dispute between You and Us in relation to the Services, the courts of Hyderabad shall have exclusive jurisdiction.

21.

GRIEVANCE REDRESSAL

If You have any grievance, then You may intimate the same to Our Grievance Officer, Mr. Abilash Perumandla, who is available at Kitchen@Yeldam.Com. You can reach out to Our Grievance Officer in the manner as laid down below:
(i) Sending a request in writing or through email signed with electronic signature identifying the grievance.
(ii) Your contact information like address, telephone number, email address, etc., where You can be contacted.

22.

If You have any questions about these Terms, You can contact Us by sending Us an email at Kitchen@Yeldam.Com.