Terms of service

We are “SMART YUMS” (www.smartyums.com), a brand owned by MAK BIOTEK. Please read the following terms and conditions very carefully as your use of “SMART YUMS” website (www.smartyums.com) (hereinafter referred to as “SMART YUMS”) and good and services offered by “SMART YUMS” are subject to your acceptance of and compliance with the following terms and conditions (hereinafter referred to as “Terms”). By browsing, accessing, subscribing to or using any of our services you agree that you have read, understood and are bound by the terms, regardless of how you subscribe to or use the goods and services. By mere use of the website you shall be contracting with MAK BIOTEK.

In these terms, references to “Agreement” is a reference to these Terms and Conditions, the “Privacy Policy”, any order form and payment instructions provided to you; “Privacy Policy” means the policy displayed on our Website which details how we collect and store your personal data, “you”, “your” and “yours” are references to you, the person accessing this Website and ordering any Goods or Services from the Website or from any other channel provided by “SMART YUMS”; “we”, “us”, “our”, and “SMART YUMS” are references to “SMART YUMS”, "Goods" is a reference to any goods which we may offer for sale from our Website from time to time; “Service” or “Services” is a reference to any service which we may supply and which you may request via our Website; “Partner”, “Partners” is a third party, which has agreed to co-operate with “SMART YUMS” to prepare and / or deliver the Goods or Services; “Food Delivery” is a reference to perishable goods and services, which are provided by our Partners and for which our Partners take full responsibility; “Website” is a reference to our website (www.smartyums.com) or our mobile application(s) on which we offer our Goods or Services.

“SMART YUMS” reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these terms, “SMART YUMS” grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the website and services offered by “SMART YUMS”.

USER ACCOUNT & REGISTRATION TERMS

Registering at “SMART YUMS” is free service and you will receive a username and password upon completing the website registration process or completing a transaction. You are responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur under your account. You agree to:

Immediately notify “SMART YUMS” of any unauthorized use of your account or any
other breach of security, and
Ensure that you exit from your account at the end of each session.

“SMART YUMS” cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or “SMART YUMS” has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms of Use, “SMART YUMS” has the right to indefinitely suspend or terminate or block access of your membership with “SMART YUMS” and refuse to provide you with access to the website.

If you are a guest / non-registered user you agree that upon reviewing the order at the website a user account will be auto created for you and the access to the same will be communicated to your e-mail provided.

ORDERING & PAYMENTS

You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.

You authorize us to use, store or otherwise process your personal information in order to provide the Goods or Services and Delivery to you and for marketing and credit control purposes (the “Purpose”). The Purpose may include the disclosure of your personal information to selected third-parties from time to time where this is required by law or in order for us to provide the Delivery, Goods or Service to you. More information can be found in our “Privacy Policy”.

Goods and Services purchased from “SMART YUMS” are intended for your use only and you warrant that any Goods purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Services. Please note that some of our Goods and Services may be suitable for certain age ranges only. You should check that the product you are ordering is suitable for the intended recipient.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from “SMART YUMS”.

Any order that you place with us is subject to product availability, delivery capacity and acceptance by us and the Partner. When you place your order online, we will send you an e-mail to confirm that we have received it. This e-mail confirmation will be produced automatically so that you have confirmation of your order details. You must inform us immediately if any details are incorrect. The fact that you receive an automatic confirmation does not necessarily mean that either we or the Partner will be able to fulfill your order. Once we have sent the confirmation e-mail we will check availability and delivery capacity, if the ordered Goods, Services and Delivery capacity are available, the Partner will accept the contract and confirm it to “SMART YUMS”. If the details of the order are correct, the contract for the Goods or Services and Delivery will be confirmed by text message (SMS). If the Goods or Services are not available or if there is no delivery capacity, we will also let you know by text message (SMS) or phone call.

All prices displayed on the Website are in Indian Rupees. Applicable Taxes are included where necessary. The total price for Goods or Services ordered, including Delivery charges and other charges, will be displayed on the “SMART YUMS” Website when you place your order. Full payment must be made for all Goods dispatched and Services provided. Payment has to be made in cash or, if available on the website, by online payment, e.g. Credit or Debit Card, Net Banking, etc.

If you choose online payment, you must pay for your order before it is delivered. To ensure that shopping online is secure, your Debit / Credit Card or Net Banking details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company or bank may also conduct security checks to confirm it is you placing the order.

DELIVERY

“SMART YUMS” will only process the order after the payment has been processed in case of online payment. “SMART YUMS” will try to deliver the order as per the order submitted by the user. Delivery periods quoted at the time of ordering are approximate and may vary. Goods or Services will be delivered to the address designated by you at the time of ordering. While we will take great care to ensure timely delivery, we take no responsibility for late delivery.

Further, we will not be liable for any loss caused to you by late delivery. If the Goods are not delivered within the estimated delivery time quoted by us, you may also contact us by phone or e-mail and we will try to ensure that you receive your order as quickly as possible. In case of a late delivery, the delivery charge will neither be voided nor refunded and all risk in the Goods and the Delivery shall pass to you upon delivery.

You must ensure that at the time of delivery of Goods or Services adequate arrangements, including instructions, access, and/or authorizations where necessary, are in place for the safe delivery and acceptance of such goods or services. We cannot be held liable for any damage, cost or expense incurred to such goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery and acceptance and such Goods or Services shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you.

The title and the risk of the orders shall pass onto you from “SMART YUMS”, via its delivery personnel, upon delivering the order to you and you accepting the order. Every care shall be taken to deliver the order to the intended recipient. But, “SMART YUMS” shall not be held responsible for any wrong delivery of the order based on the address given by the user or if any person imposes to be the actual recipient and takes delivery of orders.

Please note that it might not be possible for “SMART YUMS” to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address.

COMMUNICATIONS

When you use the website or send e-mails or other data, information or communication to “SMART YUMS”, you agree and understand that you are communicating with “SMART YUMS” through electronic records and you consent to receive communications via electronic records from “SMART YUMS” periodically, as and when required. “SMART YUMS” may communicate with you by e mail, SMS, phone or by such other mode of communication, electronic or otherwise. Your use of the website entitles you to receive periodic communication regarding “SMART YUMS” services through e-mail, SMS, phone or by such other mode of communication, electronic or otherwise. If you wish to not receive periodic informational communication from “SMART YUMS” you can unsubscribe to the communication through your account settings or by clicking on the ‘Unsubscribe’ link on the communication e-mail.

ACCEPTANCE OF PRIVACY POLICY

The User hereby consents, expresses and agrees that he has read and fully understands the “Privacy Policy” of “SMART YUMS” with respect to the website. The user further consents that the terms and contents of such a “Privacy Policy” are acceptable to him/her.

CHARGES

Access to the “SMART YUMS” website and membership is free. However, “SMART YUMS” reserves the right to charge a fee and change its policies from time to time. “SMART YUMS” reserves the right, without notice to you, to introduce new services and or modify existing services along with fees. Introduction of fees or modification to any existing fees is effective immediately upon implementation on the website.

USER CONDUCT & RULES

You agree and undertake to use the website strictly abiding by the following principles:

You will not upload, publish, host, transmit, display, modify, update or share any information that, in the sole discretion of “SMART YUMS”:
1. Is grossly racial, harmful, sexual, harassing, defamatory, obscene, pornographic or otherwise unlawful in any manner whatsoever.
2. Involves an illegal or unauthorized use of copyrighted work.
3. Is not belonging to you or to which you have no rights.
4. Refers to any website or URL that contains material that is inappropriate for “SMART YUMS”.
5. Contains software viruses, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
You will not promote or try to gain unauthorized access or exceed the scope of authorized access to “SMART YUMS” and its connected network.
You will not interfere with another user’s use of the “SMART YUMS” website.
You will not violate any law currently in force in India or outside.
You will not attempt or otherwise impersonate another person during the use of “SMART YUMS” website.
You will not engage in or forward chain letters, surveys, contests, pyramid schemes with any association to “SMART YUMS”.
You will not use any automatic device, program, or methodology including but not limited to “deep-link”, “page-scrape”, “robot”, “spider” or other such means, or any similar manual process, to access, acquire or copy any portion of the “SMART YUMS” website or any content within.
You will not attempt to gain unauthorized access to any portion or feature of “SMART YUMS” website, or any other systems or networks connected to “SMART YUMS”
website.
You will not probe, scan or breach the vulnerability of “SMART YUMS” website or any network connected to “SMART YUMS” website.
You will not engage in any activity that inflicts an unreasonable or abnormal load on the “SMART YUMS” website or any systems or networks connected to the “SMART YUMS”.
You will not use the website or any content for any purpose that is unlawful or prohibited by these Terms of Use.
You will not violate any of the terms and conditions of this agreement or any other terms and conditions contained elsewhere within “SMART YUMS”.

EXACTNESS NOT GUARANTEED

Great care has been taken to ensure that the information available on this Website is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

WARRANTIES & LIMITATION OF LIABILITY

All services offered and sold on “SMART YUMS” are without warranties of any kind either expressed or implied. “SMART YUMS” disclaims all or any warranty or liability from the purchase or use of the goods and services offered on “SMART YUMS” to the fullest extent. Any warranties or after sale services if any offered by the partners or service providers on any order shall be serviced directly by such merchant or restaurant and “SMART YUMS” will not be under any obligation to ensure compliance or handle any complaints related.

By accepting these terms and conditions you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your use of any third party website, or your consumption of any food, beverages or other goods created by our Partner(s).

We disclaim any and all liability to you for the supply of the Goods and Services and Delivery to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services and Delivery. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising.

We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our website.

We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.

If we have contracted to provide identical or similar order to more than one customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which orders we will fill and to what extent.

The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.

We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.

In the event “SMART YUMS” has a reasonable belief that there exists an abuse of vouchers and/ or discount codes or in suspected instances of fraud, “SMART YUMS” may cause the customer to be blocked immediately and reserves the right to refuse future service. Additionally, should there exist an abuse of vouchers or discount codes, “SMART YUMS” reserves the right to seek compensation from any and all violators.

SEVER-ABILITY

If any provision of the terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceable shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these terms shall continue to be in full force and effect.

INDEMNITY

You will indemnify, defend and hold harmless “SMART YUMS” and its owner, licensee, affiliates, and their respective officers, directors and employees from and against any and all liabilities, claims, costs and damages (including legal fees and disbursements in connection therewith and interest chargeable thereon) that result from any breach of this Terms of Use, “Privacy Policy” and other policies, or your violation of any law, rules or regulations or the rights of a third party.

GOVERNING LAW

This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in New Delhi.

INTELLECTUAL PROPERTY RIGHTS

All material on this site, including images, illustrations, graphics, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, icons, and hyperlinks, are protected by copyrights, trademarks are owned and controlled by “SMART YUMS” unless otherwise noted. You agree to not use, copy, reproduce, republish, or distribute any content from the website in any way directly or indirectly without prior written authorization from “SMART YUMS”.

PRICING / TYPOGRAPHICAL ERRORS

Order / menu / offers / prices are as shown on the website and are subject to incorrect data received from Partners and Service providers, technical issues and or typographical errors. “SMART YUMS”, at its sole discretion, reserves the right to change the prices and products offered on the website to fix such errors or otherwise without any prior notice. “SMART YUMS” reserves any right to cancel any order placed at an incorrect price. “SMART YUMS” also disclaims any guarantees of exactness in menu price as it appears on the website and ordered by you. The exactness of the menu price may differ due to partner variations, new menu introductions, menu modifications and other similar reasons. “SMART YUMS” will make every effort to meet the user expectations but cannot not guarantee the exactness of the price and / or content.

PRODUCT DESCRIPTION

“SMART YUMS” does not warrant that order / menu / offer description or other content of this site is accurate, complete, reliable, current, or error-free. Orders / menus / offer availability is subject to change without prior notice by “SMART YUMS”.

COMPLAINTS

We are confident that you will be satisfied with our products and services. However, you can drop us an email at info@iorganic.co.in for any help related to our products and services.

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