1.1. In these Conditions of Service:
"Authorised Person" means: (a) the Customer; or (b) any person nominated by the Customer or the Customer to the Performer as an authorised person;
"Charges" means the fee payable by the Customer to the Performer for each Service;
"Contract" means the contract between the Customer and the Performer that is entered into for each and every Request made by the Customer and accepted by the Performer that incorporates the Conditions of Service;
"Confidential Information" means any information provided by and/or obtained by the Customer and/or the Performer for the purposes of the performance of the contract, including but not limited to:
a) the Customer Information provided by the Customer to the Performer;
b) any information the Customer and/or the Performer provide one another relating to the Services, the Request and the Delivery.
"Customer" means a person who is:
a) registered with Yummi as an individual who is willing to enter into a Contract for the Services; and
b) agrees to abide by and adhere to the Yummi Terms and Conditions and the Conditions of Service.
"Customer Information" means the following information that must be provided by the Customer to the Performer for purposes of the performance of the Contract:
a) the name of the Customer;
b) the Delivery Address; and
c) if the Delivery Address is a residential address, additionally the Customer's mobile telephone number or in the event that the Customer does not have a mobile telephone number, a daytime fixed line telephone number or the Customer's e-mail address; or
d) Any other such additional information required by Yummi as reasonably required at the time of the Request.
"Delay" means failure by the Performer to complete the Service within the specified timeframe of the agreed delivery date, time and place;
"Delivery" means the delivery of the Service by the Performer in discharge of a Contract pursuant to the Request at the Delivery Address;
"Delivery Address" means the address provided by the Customer to the Performer via the Request and includes, in the event of a digital Service the Digital Identification Number ("DIN") of the Customer;
"Performer" means a person who is:
a) registered with Yummi as an individual who is willing, for the payment of the Charges to provide the Services; and
b) agrees to abide by and adhere to the Yummi Terms and Conditions, including but not limited to the Conditions of Service.
"Performer Fee" means the agreed service fee subject to Yummi’s claim to commission;
"Platform" means the online method, whether by the Yummi App or the Yummi Website whereby Customers have access to the Perfomer for the purpose of the Services;
"Request" means the requests made by the Customer using the Yummi App and/or the Yummi Website for a Performer to perform the Services, received via the Yummi App and/or the Yummi Website;
"Services" means providing Customers using the Yummi App and/or the Yummi Website with on demand Performer services;
"Yummi App and/or the Yummi Website" means the Yummi App on Apple and Android platforms and the Yummi branded Website developed and released by Corporate Gift Bundle Pte Ltd ("Yummi"), 1 RAFFLES PLACE #44-02, ONE RAFFLES PLACE TOWER ONE, Singapore 048616.
1.2. Words denoting:
(a) the singular shall include the plural and vice versa;
(b) any gender shall include the other genders; and references to a "person" shall include an individual, body corporate (wherever incorporated), unincorporated association or partnership.
1.3. The expressions Performer, Customer and Yummi shall include those parties' principals, agents, servants and employees.
2.1. These Conditions of Service form part of the Contract which together constitutes the whole agreement between the Customer and the Performer.
2.2. The Customer and the Performer each acknowledges that, in entering into a Contract, neither the Customer nor the Performer relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Conditions of Service.
3.1. The Performer is not a common Performer and accepts no liability as such and may at their own discretion:
(a) refuse delivery of a Service;
(b) refuse to provide any part of the Service (notwithstanding that provision of Delivery may have commenced).
4.1. The Customer warrants that:
4.1.1 the Customer Information is correct;
4.1.2 is authorised to provide the Customer Information;
4.1.3 that he has complied and will at all times comply with all laws and regulations and not at any time be under the influence of any illegal drugs or other intoxicating substances.
4.2 In the event of a breach by the Customer of any warranty under condition 4.1 the Performer may at his discretion and without prejudice to any other right or remedy he may have for breach of warranty or contract or otherwise under these Conditions of Service:
a) cancel the Contract (and for the avoidance of doubt, the Customer will not be entitled to a refund).
The Customer hereby acknowledges and agrees that:
5.1 the Performer's responsibility for the delivery of the Services shall commence when:
(a) the Performer enters the premises of the Customer at the Delivery Address;
(b) when the performance commences via electronic transmission if the Service is provided digitally.
5.2 the Performer's responsibility for performing the Services shall, subject to the following provisions of this condition 5, end when:
(a) the Performer completes the Services requested by the Customer at the time stipulated in the Request; or
(b) the Performer is directed by the Customer to cease the performance of the Services.
5.6 if the Performer is prevented from performing the Services at the Nominated Address as a consequence of the absence of a safe and/or adequate premises (in the reasonable opinion of the Performer), the Performer may terminate the Contract;
5.7 at any time during the term of the Contract the Customer may request via the Yummi App and/or the Yummi Website or the Performer may recommend variations to the Service and/or variations to any other matters covered by the Contract via the Yummi App and/or the Yummi Website. The Performer shall investigate the likely impact of any such requested or recommended variations upon the Service, the charge for the Service and other aspects of the Contract as varied and shall report promptly to the Customer. The Performer shall not be obliged to agree to any requested or recommended variation and the manner of the provision of the Services shall be at the Performer's sole discretion;
5.8 delivery times are given by the Performer in good faith but are an estimate only and time of delivery of the Services is not of the essence of the Contract;
5.9 the Performer shall not perform any Services subject to Payment on Delivery. The Performer shall not be obliged to inspect or verify the Payment and shall not be liable to the Customer or any other person for any direct, indirect or consequential loss arising or damages suffered in connection therewith. The Payment is not covered by the Performer's policy of insurance and shall be held by the Performer at the Customer's Risk. For the avoidance of doubt, Payment must be made via the Yummi App and/or the Yummi Website prior to the time of Delivery failing which the Performer shall not be obliged to perform the Services;
5.10 the Performer's liability is limited in accordance with condition 7; and
5.11 the Performer shall not be obliged to perform any Contract in respect of which the Customer Information or any part thereof is incorrect.
Subject to condition 6.4, the Performer shall not be liable for losses that result from any failure to comply with these Conditions of Service that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings; or
(e) loss of data.
Nothing in these Conditions of Service shall exclude or limit the Performer's liability for:
(a) death or personal injury caused by his negligence;
(b) fraud or fraudulent misrepresentation;
(c) any other matter for which it would be illegal for the Performer to exclude or attempt to exclude liability.
7.1 The liability of the Performer is limited in accordance with this condition 7.
7.2 The Performer shall have no liability whatsoever to any person in respect of any Service which has not been ordered via the Yummi App and/or the Yummi Website.
7.3 As the liability of the Performer is limited in accordance with these Conditions of Service the Customer is advised to seek his own additional insurance cover. No insurance will be affected by the Performer for the benefit of the Customer other than in accordance with this condition 7.
8.1 The Performer shall not be liable for Delay in delivery of whole or part of the Services.
9.1 The Performer will not be liable or responsible for any failure to perform, or Delay in performance of, any of his obligations under a Contract that is caused by events outside the Performer's reasonable control ("Force Majeure Event").
9.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, snow, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
9.3 Performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and the Performer will have an extension of time for performance for the duration of that period. If the Performer determines that the Force Majeure Event may continue indefinitely, the Performer reserves the right to cancel a Contract and the Performer will inform the Customer as soon as practicable in that event.
10.1 The Performer may not sub-contract part or the whole of any Contract or any of his rights or obligations arising under it.
11.1 The Performer's Fee for Services and any other services incidental to the Services chargeable under the Contract shall save with the prior written agreement of the Performer be payable by the Customer in advance via the Yummi App and/or the Yummi Website prior to the Performer providing the Services and no Contract shall be deemed to have been formed until the Performer's charges have been paid in full.
11.2 Where the Customer elects to pay through the payment portal provided by Yummi, such payment shall be deemed to be in full discharge of the Customer's obligation to the Performer under Clause 11.1 herein.
12.1 The Customer shall indemnify the Performer against:
(a) losses suffered by the Performer arising from any criminal act, or any negligent act, negligent omission, negligent misdirection or negligent misstatement by the Customer or Customer;
(b) claims and demands made by a third party attributable to lack of authority on the part of the Customer to enter into the Contract upon these Conditions of Service or the Yummi Terms and Conditions; or
(c) all liabilities arising from any breach of these Conditions of Service by the Customer.
12.2 The Customer shall not indemnify the Performer in respect of losses occasioned to the Performer that result from any failure to comply with these Conditions of Service that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or opportunity; or
(d) loss of anticipated savings.
and these indemnities ar specifically excluded.
The Customer and the Performer acknowledge and agree that any information they obtain about each other relating to the Services, the Request and the Delivery, whatsoever and howsoever arising, will be kept confidential at all times and this is an essential term of this Agreement. A failure by the Customer and/or the Performer to keep such Confidential Information confidential will result in the Customer’s and/or the Performer’s rights under this Agreement being terminated immediately without exception.
All rights, powers, authorities, immunities of liability in these Conditions of Service shall continue to have their full force and effect in all circumstances and notwithstanding any breach of these Conditions of Service or negligence by the Performer or any person entitled to the benefit of these Conditions of Service or any of their respective agents, servants or officers.
If any of these Conditions of Service or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions of Service and provisions which will continue to be valid to the fullest extent permitted by law.
The Performer shall be entitled to collect, store and process personal data within the meaning of the Personal Data Protection Act 2012provided by the Customer to the Performer in connection with the Contract and the Customer consents that such data may be disclosed by the Performer to:
(a) independent third party service providers who may be engaged in activities that include the fulfilment of a Contract, the processing of the Customer's payment details and the provision of support services; and
(b) government agencies including but not limited to customs authorities to the extent required by law.
17.1 If the Performer fails at any time during the term of a Contract, to insist upon strict performance of any of the Customer's obligations under the Contract, or if the Performer fails to exercise any of the rights or remedies to which he is entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve the Customer from compliance with such obligations.
17.2 A waiver by the Performer of any default will not constitute a waiver of any subsequent default.
17.3 No waiver by the Performer of any of these Conditions of Service will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Yummi reserves the right to revise and amend these Conditions of Service from time to time to reflect changes in market conditions affecting Yummi’s business, changes in technology, and changes in relevant laws or regulatory requirements.
19.1 Any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims) will be governed by the laws of Singapore and subject to the exclusive jurisdiction of the courts of Singapore.
19.2 The Customer is responsible for compliance with all applicable laws and regulations of the country in which a Service is provided.