Terms & Condition
Introduction
YUMMY BURP’s mission is to raise awareness of food waste and reduce food waste by making surplus food available for consumers. We provide a platform for end users ("Customers") to make reservations for surplus food and other surplus products, including unspecified products in “Mystery Bags” ("Products"), at food stores, restaurants, supermarkets, bakeries, and other establishments ("Stores") displayed on our platform (the "Platform").
These terms and conditions ("Terms") apply to any reservation and sale of Products conducted via our websites or app ("Platform"). By placing a Reservation Order (as defined below), the Customer accepts these Terms and is required to review them thoroughly before placing an order on the Platform.
YUMMY BURP’s cookie and privacy policy, as available on the Platform at all times, shall form an integral part of these Terms and shall be automatically accepted upon acceptance of these Terms.
1. YUMMY BURP Concept
The Products are available for reservation on the Platform, and Customers may reserve the Products by placing a Reservation Order (as defined below) on the Platform. Products are reserved when YUMMY BURP confirms the reservation through a Reservation Confirmation (as defined below). Once a Customer reserves a Product and the Store accepts the Reservation, the Customer must be present at the Store at the specified Pick-up time (as defined below), and the Store must offer the Products for sale as specified herein.
YUMMY BURP solely arranges the sale of Products on the Platform on behalf of the Store, and there is no contractual relationship between YUMMY BURP and the Customer regarding the Products or their sale. YUMMY BURP has no responsibilities in respect to the Products or the fulfillment of the agreement between the Store and the Customer.
YUMMY BURP solely collects the Purchase Price (as defined below) for the Products on behalf of the Store.
2. Acceptance
By placing an order on the Platform, the Customer confirms:
1. They are legally capable of entering into binding agreements.
2. They are a consumer shopping for personal purposes.
3. They are 18 years old and possess a valid debit, credit card, or other payment means available on the Platform.
4. By accepting these Terms, the Customer agrees to receive all relevant information in English. Furthermore, the Customer accepts that all agreements between the Customer and YUMMY BURP and any related information necessary for conducting the Services are stored by YUMMY BURP in accordance with YUMMY BURP’s privacy policy.
By accepting these Terms, the Customer also agrees to receive emails and text messages related to any orders placed by the Customer. This is necessary for ensuring the Customer receives all essential notifications related to the order. YUMMY BURP reserves the right to revise and amend these Terms from time to time. The Customer’s order will be subject to the Terms applicable at the time when the order was placed.
3. Product and Product Information
YUMMY BURP exclusively arranges the contract between the Customer and the Store and has no responsibilities in respect to the Products or the fulfillment of the contract between the Store and the Customer.
YUMMY BURP does not manufacture, sell, purchase, store, prepare, produce, process, mark, pack, deliver, or handle the Products. YUMMY BURP has no responsibility for fulfilling the contractual obligations towards the Customer regarding the Products, including manufacturing, sale, purchase, storage, preparation, production, processing, marking, delivery, quality, ingredients, allergens, or handling of the Products, and compliance with applicable legislation, unless YUMMY BURP is explicitly designated as the manufacturer or seller of the Product on the Platform.
Product information and descriptions are available on the Platform to help the Customer evaluate selected Products before making a reservation. This information is only instructive. There may be instances where the Platform is not updated, and the actual
product range and stocked items differ from what is stated on the Platform. In such cases, YUMMY BURP is not liable. It is the responsibility of the Stores to provide accurate and up-to-date information about the Products. YUMMY BURP does not assume any responsibility for the contents or availability of information regarding the Products.
If the Customer has concerns about allergy warnings, contents of a dish, or any other menu information, they should confirm with the Store directly before ordering. The Store’s contact information is available on the Platform. The Customer may always cancel the Reservation Order if the cancellation is due to ingredients, allergens, or other labelling-related information regarding the Product.
Upon Pick-up (as defined below), the Store shall provide the Customer with information regarding ingredients, allergens, and other labelling-related information regarding the Product. Products purchased via the YUMMY BURP Platform should be consumed immediately after Pick-up and/or as instructed by the Product Label or the Store. YUMMY BURP will not assume any liability for Customers’ adverse reactions from Products for any reasons, including if consumed inconsistently with the labelling, the information set out in these terms, or information given directly by the Store.
YUMMY BURP is not liable for any failure to perform or any delay in the performance of any obligations relating to the Products, including manufacturing, sale, purchase, storage, preparation, production, processing, marking, delivery, quality, ingredients, allergens, or handling of the Products.
4. Reservation of Products
A list of active Stores is available in the app. If the Customer allows the app to use location services, the app will track the Customer’s location and display nearby Stores. Once the Customer selects a Store and Product, they can submit their order by clicking “reserve,” “place my reservation,” or a similar button. The list is established based on geographical criteria. Customers can filter results based on Product availability, Pick-up time, the nature of Products in “Mystery Bags,” or other criteria determined by YUMMY BURP.
1. The referenced Stores are the ones active on the Platform.
2. The supply of Products on the Platform is an invitation to the Customer to place a reservation.
3. A reservation order made by the Customer via the Platform ("Reservation Order") is considered an offer to the Store to purchase a Product.
4. The Reservation Order is accepted by the Store upon Pick-up, making the reservation final and binding upon the Store and Customer at Pick-up, subject to cancellation rights as described in clause 7.
5. Reservation Confirmation
Upon receiving the Reservation Order, YUMMY BURP will begin processing it by sending the reservation to the relevant Store. YUMMY BURP will notify the Customer that the Reservation Order has been received ("Reservation Confirmation") and is being processed.
The Reservation Confirmation should be saved by the Customer. It will contain information regarding the reservation.
Please note that the Reservation Confirmation does not mean the reservation is accepted but is merely a confirmation of receipt of the Reservation Order.
6. Pick-up
Products reserved on the Platform must be picked up by the Customer at the stated pick-up address ("Pick-up"). The Pick-up time will typically be within a 10-60 minute window but can be shorter or longer. Store details, including pick-up time and location, will be available on the Platform and stated in the Reservation Confirmation. If the Customer arrives at the pick-up address before the specified time, they might be asked to wait for the bags to be made available. If the Customer arrives too late, the Store may be closed, or the Product may be unavailable.
Since the Products are perishable goods, and YUMMY BURP’s concept is to avoid food and other product waste, the Store is entitled to sell the Product to another customer if the Customer does not pick up the Reservation Order within the time period specified in the Reservation Confirmation. In this event, YUMMY BURP is entitled to charge the Purchase
Price (as defined below) from the Customer.
Upon Pick-up, the Customer shall show the Reservation Confirmation in the YUMMY BURP app to the Store’s employees. It is the Customer’s responsibility to ensure that the Reservation Confirmation can be shown at Pick-up. The Customer must verify that the Products and quantity handed out match the reservation.
7. Price
All prices are indicated in the currency of the country where the Store is located and include applicable GST but may exclude any online payment administration charges unless specified otherwise.
Any fees related to the order and payment will be calculated and listed when the Customer places the Reservation Order.
The value of the Products stated on the Platform is a minimum value had the Products not been sold as surplus food.
8. Payment
1. The Customer can pay with various debit and credit card brands and other payment methods available on the Platform.
2. If using a credit or debit card, the Customer must enter their card number, expiration date, and security code when placing a Reservation Order.
3. Upon placing a Reservation Order, the amount stipulated by the Store for the Products ("Purchase Price") is authorized or reserved at the Customer’s account (depending on the chosen payment method) ("Account"). The Purchase Price is charged to the Customer’s account upon reservation of the Product or at or immediately after Pick-up (depending on the chosen method of payment). If the reservation is canceled in accordance with these Terms, the Purchase Price is canceled or refunded to the Customer.
4. The Purchase Price is collected by YUMMY BURP from the Customer on behalf of the Store. YUMMY BURP may amend, modify, or restructure the payment procedure for its Customers as deemed reasonable.
5. Payment by debit or credit card on the Platform is safe and certified by the card issuer. All payments are made through an encrypted internet connection.
6. YUMMY BURP does not store any debit or credit card information. Such information is handled by the Payment Service Providers. However, this information may be stored by the Payment Service Providers.
7. If the Customer’s credit card or payment method is rejected when trying to pay for an order, the Customer should verify the entered information is correct.
8. If the error persists, YUMMY BURP recommends the Customer contact their bank.
9. Payment and Pick-up Service
YUMMY BURP does not undertake to verify the Customer’s identity. A Reservation Confirmation constitutes sufficient documentation for the Store to confirm the reservation. If the Customer suspects misuse or unauthorized use of their Reservation Confirmation, they should notify YUMMY BURP immediately.
10. Cancellation
10.1 The Customer's Right to Cancel
YUMMY BURP’s business concept is to reduce food waste, and the Products sold on the Platform are perishable goods. Therefore, the Customer does not have the right to cancel any reservation orders after the order is confirmed unless otherwise stated in these Terms. If the Customer does not pick up their reservation within the specified Pick-up window, they are not
entitled to a refund. The Store is entitled to sell the Product to another customer to avoid food waste.
However, if the Products do not match the reservation or if the Products are otherwise unsatisfactory, the Customer should contact YUMMY BURP’s customer service.
10.2 YUMMY BURP's and the Store’s Right to Cancel
YUMMY BURP or the Store may cancel a Reservation Order at any time if:
10.2.1 The Store is unable to fulfill the reservation due to circumstances beyond their control.
10.2.2 The Customer does not comply with these Terms.
In such cases, the Purchase Price will be refunded to the Customer's account.
11. Customer Reviews
Reviews must not contain defamatory, obscene, or offensive material, promote violence or discrimination, infringe intellectual property rights, or breach legal duties. YUMMY BURP reserves the right to remove or edit reviews that violate these terms.
12. Customer Behavior
Customers must respect the Store’s guests and personnel. YUMMY BURP may ban or suspend Customers for inappropriate behavior or violations.
13. Customer Service and Complaints Resolution
a) Customer Care Service Hours:
I. Our customer care service is available to assist you during the following hours:
Monday to Saturday: 10:00 AM to 6:00 PM
II. Closed on Sundays and Bank Holidays
III. Please note that any inquiries or requests for assistance outside of these hours will be addressed during the next available business day.
Complaint Resolution Policy: -
If you have any complaints regarding the food you have received, please be advised of the following terms:
Complaint Submission Window:
Complaints must be submitted within two (2) hours of the collection time. Complaints submitted after this period will not be considered.
Collection Time Definition:
The collection time is defined as the time at which the food was collected by the customer from the store.
Submission Method:
I. Complaints can be submitted via our customer care service during the specified hours.
II. Complaints must include the order number, a description of the issue, and any relevant photographic evidence if applicable.
III. By placing an order through our website, you agree to comply with these terms and conditions. We reserve the right to amend these terms and conditions at any time. Any changes will be posted on our website and will take effect immediately upon posting.
IV. For any further information or assistance, please contact our customer care service within the specified hours.
V. For inquiries or complaints regarding the Platform or Products, the Customer may contact YUMMY BURP’s customer service.
VI. Customer service contact information is available on the Platform. YUMMY BURP strives to respond to all inquiries and complaints promptly.
VII. If the Customer is dissatisfied with the response, they may escalate the complaint to the appropriate authorities or regulatory bodies.
14. Liability and Indemnification
YUMMY BURP shall not be liable for any direct, indirect, incidental, or consequential damages arising out of or in connection with the Customer's use of the Platform or the reservation, purchase, or use of any Product.
The Customer agrees to indemnify and hold YUMMY BURP harmless from any claims, damages, losses, liabilities, and expenses arising out of or in connection with the Customer's use of the Platform or any breach of these Terms by the Customer.
15. Privacy and Data Protection
YUMMY BURP’s privacy policy, as available on the Platform, governs the collection, use, and storage of personal data. By using the Platform and accepting these Terms, the Customer consents to YUMMY BURP’s collection, use, and storage of their personal data as described in the privacy policy.
16. Governing Law and Jurisdiction
These Terms and any disputes arising out of or in connection with them shall be governed by the laws of the country where the Store is located, without regard to its conflict of law provisions.
All the disputes rising within the country of India are to settled in the Surat City court first, and later taken to the higher respective courts.
17. Miscellaneous
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
The failure of YUMMY BURP to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
The Customer may not assign or transfer any rights or obligations under these Terms without YUMMY BURP’s prior written consent.
YUMMY BURP may assign or transfer its rights and obligations under these Terms without the Customer's consent.
These Terms constitute the entire agreement between the Customer and YUMMY BURP regarding the use of the Platform and the reservation and purchase of Products and supersede.
any prior agreements or understandings, whether written or oral, between the Customer and YUMMY BURP regarding the same.
By using the Platform and placing a Reservation Order, the Customer agrees to these Terms in their entirety.