Terms and Conditions - Customers
Welcome to Umaai. These Terms of Service (herein referred to as “Terms”) and other policies (including but not limited to the Privacy Policy) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of our website www.umaai.in (the "Website") and our "Umaai" application for mobile and handheld devices (the “App”), (collectively referred to as the “Platform”) including but not limited to delivery of information via the Platform whether existing now or in the future that link to the Terms (collectively, the “Services”).
These Terms are effective for all past, existing and future Umaai Clients and Customers including but without limitation to users having access to all pages within the Platform either as a Client or as a Customer to manage their claimed business listings and pages.
1. Terms of Use
Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request you to uninstall the App. By installing, downloading or even merely using the Platform, you shall be contracting with Umaai and you signify your acceptance to these Terms of Use and other Umaai policies (including but not limited to the Privacy Policy) as posted on the Platform and amended from time to time, which takes effect on the date on which you download, install or use the Platform, and create a legally binding arrangement to abide by the same. Your use of the Umaai platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.
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In order to use the Services, you must first agree to the Terms. You can accept the Terms by:
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Clicking to accept or agree to the Terms, where it is made available to you by Umaai in the user interface for any particular Service; or
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Actually using the Services. In this case, you understand and agree that Umaai will treat your use of the Services as acceptance of the Terms from that point onwards.
The Platform is owned and operated by The 9 Elephants Technology Services LLP, a firm incorporated under the laws of India and having its registered office at 430 3rd Floor, 5th A Cross, HRBR Layout, 2nd Block, Kalyannagar, Bangalore-560043, India. For the purpose of these Terms of Use, wherever the context so requires, "you", “user”,or “User” shall mean any natural or legal person who shall transact on the Platform by providing registration data during registration on the Platform as a registered user using any computer systems. The terms “9 Elephants”, “9 Elephants Technology Services LLP”, ”Umaai”, "we", "us" or "our" shall mean 9 Elephants Technology Services LLP.
2. Definitions
Umaai enables transactions on its Platform between participating Home Chefs (herein referred to or identified as “Clients”) and Buyers (herein referred to or identified as “Customers”) dealing in (i) prepared food and beverages, and (b) other services ("Platform Services"). The Customers (" Customer/s") can choose and place orders ("Order/s") from a variety of products and services listed and offered for sale by Clients on the Platform.
“Client” or “Clients” or “Chef” or “Chefs” refers to the home chefs who provide Services to the customers via the use of the Platform.
“Customer” or “You” or “Your” or “User” or “Users" refers to you, as a customer of the Services. A customer is someone who accesses or uses the Services for the purpose of viewing, browsing, ordering, sharing, displaying, hosting, publishing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the Services.
“Delivery Partner” or “Delivery Partners” refers to individuals employed by and engaged with Umaai for the purpose of providing pickup of services from Clients and delivery of services to Customers. For the pickup and delivery of services, Umaai may charge the users of the Platform (Clients or Customers) a service fee (inclusive of applicable taxes whenever not expressly mentioned) determined on the basis of various factors including but not limited to distance covered, time taken, demand for Delivery Services, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as maybe determined from time to time.
Umaai enables delivery of such Orders at select localities of serviceable cities across India ("Delivery Services") via the Delivery Partners who will be responsible for providing the pickup and delivery services of Products initiated by the users of the Platform (i.e., Clients and Customers). The Platform Services and Delivery Services are collectively referred to as Services. For both Platform Services and Delivery Services, Umaai is merely acting as an intermediary between the Clients and the Customers.
“Content” will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. “Your content” or “Customer Content” means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, chat communication, profile information, or any other materials that you publicly display or displayed in your account profile. “Umaai Content” means content that Umaai creates and makes available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and Third Party Content. “Third Party Content” means content that comes from parties other than Umaai or its Clients or Customers and is available on the Platform.
3. Eligibility to use the Platform and Services
(i) You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree
the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
(ii) Compliance with Laws. You are in compliance with all laws and regulations in the country in which you live when you access and use the Services. You
agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any
third party(ies).
(iii) If you are under 18 years of age and you wish to download, install, access or use the Platform, your parents or legal guardian must acknowledge and
agree to the Terms of Use and Umaai Policies. Should your parents or legal guardian fail to agree or acknowledge the Terms of Use and Umaai Policies,
you shall immediately discontinue its use. Umaai reserves the right to terminate your Membership and/or deny access to the Platform if it is brought to
Umaai’s notice that you are under the age of 18 years.
(iv) Persons who are "incompetent to contract" within the meaning of the Indian Contract Act,1872 including minors, un-discharged insolvents etc. are not
eligible to use the Platform.
4. Account Registration and Eligibility
You may gain access to certain features to the Platform by registering to create an account ("Umaai Account”) and becoming a member ("Membership"); as described below. The Membership is limited for the purpose, are subject to the Umaai Policies, and strictly not transferable.
Unless otherwise specified in these Terms of Use, all Content, if any, will be considered to be your content for all purposes of these Terms of Use.
We will create your Umaai Account for your use of the Platform services based upon the personal information you provide to us, as described above. You are permitted to have only one Umaai Account and are not permitted to create multiple accounts. Umaai reserves the right to suspend such multiple accounts without being liable for any compensation where you have created multiple accounts on the Platform.
If you choose to use the Platform, it shall be your responsibility to treat your user identity, user credentials and all information you provide on the platform or are requested for as a part of our security procedures, as confidential and not disclose the same to any person or entity other than us. You shall be solely responsible for your Umaai account, whether or not authorised by you. You shall immediately notify us in writing via email of any unauthorised use or access of your Umaai account.
We reserve the right, at our sole discretion, to disable or remove any Umaai account or identification in the event you fail to comply with any of the provisions of these Terms of Use.
You shall at all times be responsible for the use of the Platform through your computer, mobile or handheld device and bringing to attention these Terms of Use and Umaai policies to the attention of all such person(s) accessing or using the platform on your computer or mobile or handheld device.
You understand and agree that the use of the Platform does not include the provisioning of a computer or mobile or handheld device or any necessary equipment to access the platform by Us. You also understand and acknowledge that the use of the Platform requires internet connectivity and a telecommunication connection and that you shall bear any costs or charges incurred to access the platform and that We would not be help responsible, accountable or liable in any way for such costs.
You agree to provide accurate, current and complete information during the Sign-Up process and update such information to keep it accurate, current and complete.
We reserve the right to suspend or terminate your Umaai account and your access to the Platform (a) if any information provided during the Sign-Up process or thereafter proves to be inaccurate, not current or incomplete; (b) if you are found to be non-compliant or in violation of the terms of Use of any of the Umaai policies; (c) If your actions may cause a legal liability to you, Others or Us.
Any purchases made using the Platform are intended for Your Personal use only and you represent that the same are not for resale and neither are you acting as an agent or representative of other party(ies)
5. Changes to the Terms
Umaai may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of Umaai Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms. By accepting these Terms, you also agree to be bound by the other Terms and Conditions and Umaai policies as may be posted on the platform from time to time. 9 Elephants Technology Services LLP and Umaai reserves the right to cancel/suspend/discontinue any or all products or services at any point of time without any notice.
6. Translation of the Terms
Umaai may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with Umaai. Furthermore, if there are any inconsistencies between the English version of the Terms and its translated version, the English version of the Terms shall prevail over others.
7. Provision of Services Offered by Umaai
(i) In order to provide our Customers and Clients the best experience possible, Umaai is constantly evolving. You acknowledge and agree that the platform,
its contents and services provided may require changes and as such Umaai reserves the right to change/suspend/cancel or discontinue any or all of the products or services at any time without notice, make modifications and alternations in any or all of its contents, products and services contained on its
platform without any prior notice.
(ii) We, the software, or the software application store that makes the software or application available for download may include functionality to
automatically check for updates or upgrades to the software or application. Unless your device, its settings, or computer software does not permit
transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of
the availability of such upgrades or updates and automatically push such upgrades or updates to your device or computer or handheld device from
time-to-time. You may be required to install certain upgrades or updates to the software or application in order to continue to access or use the
Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by
us under the Terms shall be considered part of the Services.
(iii) You acknowledge and agree that if Umaai disables access to your account, you may be prevented from accessing the Services, your account details or
any files or any content which is contained or associated with your account.
(iv) As an ongoing effort to continuously improve the Umaai platform and Services and experience, and for making the Umaai platform better, easy to use,
improve customer experience and enhance the safety and security of our various services and offerings, we reserve the right to make changes or
conduct experiments from time to time on various aspects of the Services and Platform and offerings, including on out apps, websites, user interface
and promotional campaign. As a result, some Customers may experience features and functionality differently than others at any given time.
(v) By using Umaai’s Platform and Services, You agree to the following disclaimers:
(a) The Content on these Services is for informational purposes only. Umaai disclaims any liability for any information that may have become outdated
since the last time the particular piece of information was updated. Umaai reserves the right to make changes and corrections to any part of the
content on these Services at any time without prior notice. Umaai does not guarantee the quality of the goods, the prices listed for the respective
goods on the platform or the availability of all menu items from any Home Chefs or Clients.
(b) Unless stated otherwise, all pictures and information contained on these Services are believed to be owned by or licensed to Umaai. Please email a
takedown request by sending an email to support@umaai.in if you are the copyright owner of any content on these images and you think the use of
the material violates your copyright in any way. Please indicate the exact URL of the webpage or the location on the Platform in your request. Please
include any and all evidence of your copyright for the image in the email sent to support@umaai.in. All images shown here may have been digitised
by Umaai. No other party is authorised to reproduce or republish these digital versions in any format whatsoever without the prior written
permission of Umaai.
(c) Any certification, licenses or permits (“Certification”) or information in regard to such Certification that may be displayed on the Home Chefs listing
page on the Umaai Platform is for informational purposes only. Such Certification is displayed by Umaai on an ‘as available’ basis that is provided to
Umaai by the Home Chefs. Umaai does not make any warranties about the validity, authenticity, reliability and accuracy of such Certification or any
information displayed in this regard. Any reliance by a Customer upon the Certification or information thereto shall be strictly at such Customer’s
own risk and Umaai in no manner shall assume any liability whatsoever for any losses or damages in connection with the use of this information or \
for any inaccuracy, invalidity or discrepancy in the Certification or non-compliance of any applicable local laws or regulations by the Home Chefs.
​ (vi) Umaai reserves the right to charge a subscription and/or membership fee in respect of any of its product or service and/or any other charge or fee on a
per order level from Customers or Clients, in respect of any of its product or service on the Umaai Platform at anytime in future.
(vii) Umaai may from time to time introduce a referral and/or incentive based programs for its Customers or Clients. These Program(s) may be governed by
their respective terms and conditions. By participating in the Program, Customers and Clients are bound by the program terms and conditions as well as
the Umaai Platform terms. Further, Umaai reserves the right to terminate / suspend the Customer’s or Clients account and/or credits / points earned
and/or participation of the Customer or Client in the Program if Umaai determines in its sole discretion that the Customer or Client has violated the
rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or Umaai Platform terms or has engaged
in activities which are fraudulent / unlawful in nature. Furthermore, Umaai reserves the right to modify, cancel and discontinue its Program without notice
to the Customer.
(viii) Umaai may from time to time offer to the Customers or Clients credits, promo codes, vouchers or any other form of cash back or incentive that Umaai
may decide at its discretion. Umaai reserves the right to modify, convert, cancel and/or discontinue such credits, promo codes or vouchers, as it may
deem fit.
8. Use of Services by Customer or Client
(i) You must create an account in order to use some of the features offered by the Services. Use of any personal information you provide to us during the
account creation process is governed by our Privacy Policy. You must keep your account details confidential and you are solely responsible for
maintaining the confidentiality and security of your account, any and all changes and updates submitted through your account, and all activities that
occur in connection with your account.
(ii) In order to create an account on the platform, You must provide a valid phone number that you are legally authorised to use.
(iii) You must provide a valid email ID which you are authorised to use and validate the email ID in order to change your phone number on the account.
(iv) In creating an account, you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your
information as and when necessary in order to keep it accurate. You may not impersonate someone else, create or use an account for anyone other than
yourself, provide an email address other than your own, create multiple accounts or business listings except as otherwise authorised by us, or provide or
use false information to obtain access to the Services that you are not legally entitled to claim. You acknowledge that any false information may cause
Umaai or associated party(ies) to incur substantial economic damages and losses for which you may be held liable and accountable.
(v) You are also responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorised use of your account in order
to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your Umaai account for any purpose and
that you will be liable for such unauthorised access.
(vi) By creating an account, you agree to receive certain communications in connection with Umaai Platform or Services. For example, you might receive
feedback or comments from other Customers or other Customers may follow the activity you do on your account.
(vii)You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices
or guidelines in the relevant jurisdictions.
(viii)You agree to use the data owned by Umaai (as available on the Services or through any other means like API etc.) only for personal use/purposes.
(ix) You agree not to access (or attempt to access) any of the Services by any means other than the interface that is provided by Umaai, unless you have
been specifically allowed to do so, by way of a separate agreement with Umaai. You specifically agree not to access (or attempt to access) any of the
Services through any automated means (including use of scripts or web crawlers)
(x) You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the
Services). You shall not delete or revise any material or information posted by any other Customer(s), shall not engage in spamming, including but not
limited to any form of emailing, posting or messaging that is unsolicited.
(xi) You agree not to use any defamatory or derogatory language in respect to any customer, client or product or service and agree to be respectful and
mindful of other Customers and Clients.
9. Content
(i) We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks,
logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Services and
Umaai Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You
acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others
through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money
and constitutes valuable intellectual property of us and such others. You further acknowledge that the Services may contain information which is
designated as confidential by Umaai and that you shall not disclose such information without Umaai’s prior written consent.​
(ii) You agree to protect Umaai’s proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this
agreement and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and
others’ contractual, statutory, and common law rights in the Services. You acknowledge and agree that Umaai (or Umaai’s licensors) own all legal right,
title and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and
wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated as confidential by
Umaai and that you shall not disclose such information without Umaai’s prior written consent. Unless you have agreed otherwise in writing with Umaai,
nothing in the Terms gives you a right to use any of Umaai’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand
features.​
(iii) You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Umaai; or remove, conceal or
obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, colour, location or style of any proprietary
mark(s). Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available/possible remedies
under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the
Umaai’s Content in whole or in part except as expressly authorised by Umaai​
(iv) To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe
rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe
upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights by following the instructions contained below in section
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(v) We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms.
You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through
the Services solely for your personal use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate
into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of Umaai Content in
whole or in part except as expressly authorised by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or
implied right or license to the Services, Umaai Content or our IP Rights.​
(vi) Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well
as potential liability for copyright and other IP Rights infringement depending on the circumstances.​​
(vii) In consideration of availing the Services on the Umaai Platform and by submitting Your Content, you hereby irrevocably grant Umaai a perpetual,
irrevocable, world-wide, non-exclusive, fully paid and royalty-free, assignable, sub-licensable and transferable license and right to use Your Content
(including content shared by any business user having access to Home Chef to manage claimed business listings or otherwise) and all IP Rights therein
for any purpose including API partnerships with third parties and in any media existing now or in future. By “use” we mean use, copy, display, distribute,
modify, translate, reformat, incorporate into advertisements and other works, analyse, promote, commercialise, create derivative works, and in the case
of third party services, allow their users and others to do the same. You grant us the right to use the name or username that you submit in connection
with Your Content. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content
brought against Umaai, 9 Elephants Technology Services LLP, its promoters, Directors, Owners, Employees, contractors, partners, vendors, Clients,
Customers or any third party services.​
(viii) You are responsible for Your Content. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of Your
Content or have been granted explicit permission from the rights holder to submit Your Content; Your Content was not copied from or based in whole or
in part on any other content, work, or website; Your Content was not submitted via the use of any automated process such as a script bot; use of Your
Content by us, third party services, and our and any third party users will not violate or infringe any rights of yours or any third party; Your Content is
truthful and accurate; and Your Content does not violate the Guidelines and Policies or any applicable laws​​
(ix) If Your Content is a review, you represent and warrant that you are the sole author of that review; the review reflects an actual experience of a product or
products or service experienced in connection or relation with the platform and the services available via the platform that you had; you were not paid or
otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to
author or post a review that was not a fair expression of your honest opinion.​
(x) You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information
in Your Content that makes you personally identifiable. While we reserve the right to remove Content, we do not control actions or Content posted by
our Customers and do not guarantee the accuracy, integrity or quality of any Content. You acknowledge and agree that Content posted by Customers
and any and all liability arising from such Content is the sole responsibility of the Customer who posted the content, and not Umaai.​​
(xi) We reserve the right, at any time and without prior notice, to remove, block, or disable access to any Content that we, for any reason or no reason,
consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our Clients or Customers at our sole discretion. Subject to
the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances. Further, the Home Chefs reserve
the right to delete any images and pictures forming part of Customer Content, from such Home Chefs listing page at their sole discretion.​
(xii) Some of the content available through the Services may include or link to materials that belong to third parties. Please note that your use of such third
party services will be governed by the terms of service and privacy policy applicable to the corresponding third party. We may obtain business
addresses, phone numbers, and other contact information from third party vendors who obtain their data from public sources.​​
(xiii) We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness,
timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Platform or Services.​​
(xiv) We reserve the right, at our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the
content accessible on the Services. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or
changes to any content accessible on the Services, but shall not be liable for any delay or inaccuracies related to such updates. You acknowledge and
agree that Umaai is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other
materials on or available from such web sites or resources.​​
(xv) Third party content, including content posted by our Customers or Home Chefs does not reflect our views or that of our parent, subsidiary, affiliate
companies, branches, employees, officers, directors, shareholders, contractors or partners. In addition, none of the content available through the
Services is endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Your Content
or any third party content.​​
(xvi) You further acknowledge and agree that Umaai is not liable for any loss or damage which may be incurred by you as a result of the availability of those
external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other
materials on, or available from, such websites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any
offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.​​
(xvii) Customer reviews or ratings for Home Chefs do not reflect the opinion of Umaai. Umaai receives multiple reviews or ratings for Home Chefs by
Customers, which reflect the opinions of the Customers. It is pertinent to state that each and every review posted on Umaai is the personal opinion of
the Customer/reviewer only. Umaai is a neutral platform, which solely provides a means of communication between Customers/reviewers including
Customers and Clients or Home Chefs owners/representatives with access to Home Chefs products and services. The advertisements published on the
Umaai Platform are independent of the reviews received by such advertisers.​
(xviii) We are a neutral platform and we don’t arbitrate disputes, however in case if someone writes a review that the Clients or Home Chefs does not
consider to be true, violates any of the policies, is defamatory or derogatory or objectionable, the Clients or Home Chefs may write to us at
support@umaai.in and bring such violation to our attention. The Client or Home Chef should include a copy of the violation by taking a screenshot or
picture and including it on the email to support@umaai.in. Umaai may remove the review in its sole discretion if it is found that the review is in violation
of any of the policies or Terms, or is defamatory or derogatory or objectionable or otherwise harmful to the services.​​
You represent that you have read, understood and agreed to our Guidelines and Polices related to Content
10. Privacy Policy
You represent that you have read, understood and agreed to our Privacy Policy. Please note that we may disclose information about you to third parties or government authorities if we believe that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process/notice served on us; or (iv) protect our rights, reputation, and property, or that of our Clients or Customers, affiliates, or the general public.
(i) Restrictions on use
Without limiting the generality of these Terms, in using the Platform or Services, you specifically agree not to post or transmit any content (including
review) or engage in any activity that, in our sole discretion:
(a) Violate our Guidelines and Policies;
(b) Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libellous, hateful or otherwise
objectionable, invasive of another’s privacy, relating or encouraging money laundering or gambling;
(c) Constitutes an inauthentic or knowingly erroneous review, or does not address the product or services, atmosphere, or other attributes of the Product or Service you are reviewing.
(d) Contains material that violates the standards of good taste or the standards of the Services;
(e) Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other
intellectual property or proprietary rights;
(f) Accuses others of illegal activity, or describes physical confrontations;
(g) Alleges any matter related to health code violations requiring healthcare department reporting.
(h) Is illegal, or violates any Central, state, or local law or regulation (for example, by disclosing or trading on inside information in violation of securities
law);
(i) Attempts to impersonate another person or entity;
(j) Disguises or attempts to disguise the origin of Your Content, including but not limited to by: (i) submitting Your Content under a false name or false
pretences; or (ii) disguising or attempting to disguise the IP address from which Your Content is submitted;
(k) Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;
(l) Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange
for payment, postings or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials;
(m) Asserts or implies that Your Content is in any way sponsored or endorsed by us;
(n) Contains material that is not in English or, in the case of products or services provided in foreign languages, the language relevant to such products or
services;
(o) Falsely states, misrepresents, or conceals your affiliation with another person or entity;
(p) Accesses or uses the account of another customer without permission;
(q) Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware
or electronic communications equipment;
(r) Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;
(s) “Hacks” or accesses without permission our proprietary or confidential records, records of another Customer, or those of anyone else;
(t) Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of
any employment, consulting, or non-disclosure agreement);
(u) Decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Services;
(v) Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the
Services;
(w) Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or
limit access to the Services;
(x) Collects, accesses, or stores personal information about other Customers of the Services;
(y) Is posted by a bot;
(z) Harms minors in any way;
(aa) Threatens the unity, integrity, defence, security or sovereignty of India or of the country of use, friendly relations with foreign states, or public order
or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
(ab) Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialise any rights to the
Services or Our Content; or
(ac) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or
to cause any injury to any person;
(ii) You acknowledge that Umaai has no obligation to monitor your or anyone else’s access to or use of the Services for violations of the Terms, or to review
or edit any content. However, we have the right to do so for the purpose of operating and improving the Platform and Services (including without
limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply
with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body
(iii) You hereby agree and assure Umaai that the Umaai Platform or Services shall be used for lawful purposes only and that you will not violate laws,
regulations, ordinances or other such requirements of any applicable Central, State or local government law(s). You shall not upload, post, email, transmit
or otherwise make available any unsolicited or unauthorised advertising, promotional materials, junk mail, spam mail, chain letters or any other form of
solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on
behalf of Umaai in any form or manner whatsoever.
(iv) You hereby agree and assure that while communicating on the Umaai Platform including but not limited to giving cooking instructions to the Home
Chefs, communicating with our support agents via voice or email or chat support or with the Delivery Partners, through any medium, You shall not use
abusive and derogatory language and/or post any objectionable information that is unlawful, threatening, defamatory, or obscene. In the event you use
abusive language and/or post objectionable information, Umaai reserves the right to suspend and/or block your access and usage of the Umaai
Platform, at any time with or without any notice.
(v) Any Content uploaded by you, shall be subject to relevant laws of India and of the country of use and may be disabled, or and may be subject to
investigation under applicable laws. Further, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of
the Umaai Platform, Umaai shall have the right to immediately block your access and usage of the Umaai Platform and Umaai shall have the right to
remove any non-compliant content and or comment forthwith, uploaded by you and shall further have the right to take appropriate recourse to such
remedies as would be available to it under various statutes.
11. Customer Feedback
(i) If you share or send any ideas, suggestions, changes or documents regarding Umaai’s existing business (“Feedback”), you agree that (i) your Feedback
does not contain the confidential, secretive or proprietary information of third parties, (ii) Umaai is under no obligation of confidentiality with respect to
such Feedback, and shall be free to use the Feedback on an unrestricted basis (iii) Umaai may have already received similar Feedback from some other
Customer or it may be under consideration or in development, and (iv) By providing the Feedback, you grant us a binding, non-exclusive, royalty-free,
perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback, and you irrevocably waive, against Umaai and its
Clients or Customers any claims/assertions, whatsoever of any nature, with regard to such Feedback.
(ii) Please provide only specific Feedback on Umaai’s existing products or Services; Please do not include any ideas that Umaai’s policy will not permit it to
accept or consider.
(iii) You agree that: (a) your Submissions and their Contents will automatically become the property of Umaai, without any compensation to you; (b) Umaai
may use or redistribute the submissions and their contents for any purpose and in any way; (c) there is no obligation for Umaai to review the submission;
and (d) there is no obligation to keep any submissions confidential.
12. Advertising
(i) Some of the Platform or Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Platform or Services, queries made through the Platform or Services or other information. The
manner, mode and extent of advertising by Umaai on the Platform or Services are subject to change without specific notice to you. In consideration for
Umaai granting you access to and use of the Platform or Services, you agree that Umaai may place such advertising on the Platform or Services.
(ii) Part of the site may contain advertising information or promotional material or other material submitted to Umaai by third parties or Clients or
Customers.
13. Additional Terms and Condition
Food Ordering and Delivery
(i) Umaai provides food ordering and delivery services by entering into contractual arrangements with Home Chefs (“Clients”) on a principal-to-principal
basis for the purpose of listing their menu items or the Products (as defined below) for food ordering and delivery by the Customers on the Umaai
Platform.
(ii) The Customers can access the menu items or Products listed on the Umaai Platform and place orders against the Items provided for sale by the Home
Chefs or Clients through Umaai.
(iii) Your request to order food and beverages or Products from a Home Chef or Client on the Umaai Platform shall constitute an unconditional and
irrevocable authorisation issued in favour of Umaai to place orders for food and beverages or Products against the Home Chefs or Clients on your
behalf.
(iv) Delivery of an order placed by you through the Umaai Platform will be undertaken by Umaai Delivery partners.
(v) The acceptance by a Delivery Partner of undertaking delivery of your order shall constitute a contract of service under the Consumer Protection Act,
2019 or any successor legislations, between you and Umaai under any applicable law.
(vi) Where Umaai is facilitating delivery of an order placed by you, Umaai shall not be liable for any acts or omissions on part of the delivery partner
including deficiency in service, wrong delivery of order, time taken to deliver the order, order package tampering, etc.
(vii) You may be charged a delivery fee for delivery of your order. You agree that Umaai is authorised to collect the Delivery Charges for the delivery service
provided, as the case may be. The Delivery Charges may vary from order to order, which may be determined on multiple factors which shall include but
not be limited to Home Chefs or Clients, order value, distance, time of the day, weather, seasonal changes or other undetermined factors. Umaai will
inform you of the Delivery Charges that may apply to you, provided you will be responsible for Delivery Charges incurred for your order regardless of
your awareness of such Delivery Charges.
(viii) In addition to the Delivery Charges, you may also be charged an amount towards delivery surge for delivery of your order which is determined on the
basis of various factors including but not limited to distance covered, time taken, demand for delivery, real time analysis of traffic and weather
conditions, seasonal peaks or such other parameters as may be determined from time to time (“Delivery Surge”). You agree that Umaai is authorised to
collect the Delivery Surge for the delivery service provided. The Delivery Surge may vary from order to order, which may be determined on multiple
factors which shall include but not be limited to Home Chefs order value, distance or demand during peak hours. Umaai will use reasonable efforts to
inform you of the Delivery Surge that may apply to you, provided you will be responsible for the Delivery Surge incurred for your order regardless of your
awareness of such Delivery Surge.
(ix) You are expected to respect the dignity and diversity of Delivery Partners and accordingly you agree to not discriminate against any Delivery Partner on
the basis of Discrimination Characteristics (as defined below).
Discrimination Characteristics shall mean discrimination based on race, community, religion, disability, gender, sexual orientation, gender identity, age (insofar as permitted by applicable laws to undertake the relevant gig work), genetic information, or any other legally protected status.
(x) All prices listed on the Umaai Platform are provided by the Home Chefs or Clients including packaging or handling charges, if any, at the time
of publication on the Umaai Platform and the same are displayed by Umaai as received from the Home Chefs or Clients.
14. General Terms and Conditions
(i) Umaai is not a manufacturer, seller or distributor of food and beverages or Products and merely places an order against the Home Chefs/Home(s) on
behalf of the Customers pursuant to the unconditional and irrevocable authority granted by the Customers to Umaai, and facilitates the sale and
purchase of food and beverages or Products between Customers and Home Chefs/Home(s), under the contract for sale and purchase of food and
beverages or Products between the Customers and Home Chefs/Clients/Partners/Home(s).
(i) Umaai shall not be liable for any acts or omissions on part of the Home Chefs/Home(s) including deficiency in service, wrong delivery of order / order
mismatch, quality, incorrect pricing, deficient quantity, time taken to prepare or deliver the order, etc.
(i) The Home Chefs/Home(s) shall be solely responsible for any warranty/guarantee of the food and beverages or Products sold to the Customer and in no
event shall be the responsibility of Umaai.
(i) For the Customers in India, it is hereby clarified by Umaai that the liability of any violation of the applicable rules and regulations made thereunder shall
solely rest with the sellers/brand owners, vendors, Home Chefs/Food Suppliers Partner(s)/Home(s), importers or manufacturers of the food products,
Products or any Pre Packed Goods accordingly. For the purpose of clarity Pre-Packed Goods shall mean the food and beverages items which is placed in
a package of any nature, in such a manner that the contents cannot be changed without tampering it and which is ready for sale to the customer or as
may be defined under the Food Safety and Standards Act, 2006 from time to time.
(i) Please note that some of the food and beverages or Products may be suitable for certain ages only. You should check the dish you are ordering and read
its description, if provided, prior to placing your order. Umaai shall not be liable in the event the food and beverages or the Product ordered by You does
not meet your dietary or any other requirements and/or restrictions.
(i) Umaai shall not be held liable or responsible for any information published or mentioned by the Home Chefs/Food Suppliers/Partners/Clients regarding
the dietary information of the food including its contents, either mentioned or not mentioned.
(vii)While placing an order you shall be required to provide certain details, including without limitation, contact number and delivery address. You agree to
take particular care when providing these details and warrant that these details are accurate and complete at the time of placing an Order. By providing
these details, you express your acceptance to Umaai’s terms and conditions and privacy policies.
(viii)You or any person instructed by you shall not resell food and beverages or Products purchased via the Umaai Platform.
(ix) The total price for food ordered, including the Delivery Charges and other charges, will be displayed on the Umaai Platform when you place your order,
which may be rounded up to the nearest amount. Customers shall make full payment towards such food or Products ordered via the Umaai Platform.
(x) Any amount that may be charged to you by Umaai over and above the order value, shall be inclusive of applicable taxes.
(xi) Delivery periods time quoted at the time of ordering are approximate only and may vary.
(xii)Personal Promo code can only be used by You subject to such terms and conditions set forth by Umaai from time to time.
(xiii)You acknowledge that (a) your cancellation, or attempted or purported cancellation of an order or (b) cancellation due to reasons not attributable to
Umaai, that is, in the event you provide incorrect particulars, contact number, delivery address etc., or that you were unresponsive, not reachable or
unavailable for fulfilment of the services offered to you, shall amount to breach of your unconditional and irrevocable authorisation in favour of Umaai to
place that order against the Home Chefs/Home(s) on your behalf (“Authorisation Breach“). In the event you commit an Authorisation Breach, you shall
be liable to pay the liquidated damages of an amount equivalent to the order value. You hereby authorise Umaai to deduct or collect the amount
payable as liquidated damages through such means as Umaai may determine in its discretion, including without limitation, by deducting such amount
from any payment made towards your next Order
(xiv)There may be cases where Umaai is either unable to accept your order or cancels the order, due to reasons including without limitation, technical errors,
unavailability of the item(s) ordered, or any other reason attributable to Umaai, Home Chefs/Food Suppliers Partner/Client or Delivery Partner. In such
cases, Umaai shall not charge a cancellation charge from you. If the order is cancelled after payment has been charged and you are eligible for a refund
of the order value or any part thereof, the said amount will be reversed to you.
(xv)Any complaint, with respect to the order which shall include instances but not be limited to food spillage, foreign objects in food, delivery of the wrong
order or food and beverages or Products, poor quality, You will be required to share the proof of the same before any resolution can be provided.
(xvi)You shall not be entitled to a refund in case instructions placed along with the order are not followed in the form and manner You had intended.
Instructions are followed by the Home Chefs or Clients on a best-efforts basis.
(xvii)All refunds shall be processed in the same manner as they are received, unless refunds have been provided to You in the form of credits, refund amount
will reflect in your account based on respective banks policies. All Refunds are credited within the Source Account within 10 Business Days for
Wallets/UPI Transactions and within 14 Business Days for Credit Cards/Debit Cards/Netbanking.
15. Disclaimer of Warranties, Limitation of Liability and Indemnification
(i) Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND THAT YOUR USE OF THE SERVICES
SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UMAAI, ITS AFFILIATES AND THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND LICENSORS (“UMAAI PARTIES”) DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND PLATFORM INCLUDING MOBILE APPS AND YOUR USE OF
THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE UMAAI PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT
THE SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS
OF THE SERVICES’ CONTENT AND ASSUME NO RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES,
(C) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, (F) ANY LOSS OF YOUR DATA
OR CONTENT FROM THE SERVICES AND/OR (G) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN
DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE UMAAI PARTIES WILL NOT BE A PARTY TO OR IN ANY
WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER CUSTOMERS OF THE SERVICES
AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UMAAI OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORISED TO DO SO IN WRITING BY UMAAI, YOU
AGREE THAT IN USING THE SERVICES, YOU WILL NOT USE ANY TRADE MARK, SERVICE MARK, TRADE NAME, LOGO OF ANY COMPANY OR
ORGANISATION IN A WAY THAT IS LIKELY OR INTENDED TO CAUSE CONFUSION ABOUT THE OWNER OR AUTHORISED USER OF SUCH
MARKS, NAMES OR LOGOS.
(ii) Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE UMAAI PARTIES BE LIABLE TO YOU FOR ANY DAMAGES
RESULTING FROM ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND/OR (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES OR PLATFORM INCLUDING MOBILE APP,
AND/OR (C) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SERVERS AND/ OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN,
AND/OR (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, AND/OR (E) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (F) ANY LOSS OF YOUR
DATA OR CONTENT FROM THE SERVICES, AND/OR (G) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE UMAAI PARTIES
ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (H) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OR
OUR PRIVACY POLICY, AND/OR (I) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, AND/OR (J)
LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF RELIANCE
PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR
TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES, AND/ OR DELAY OR
FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND UMAAI’S REASONABLE CONTROL. IN NO EVENT SHALL THE UMAAI PARTIES
BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER,
HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED
DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
(iii) Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE UMAAI PARTY(IES) FROM AND AGAINST ANY THIRD PARTY CLAIMS,
DAMAGES (ACTUAL AND/OR CONSEQUENTIAL). ACTIONS, PROCEEDINGS, DEMANDS, LOSSES, LIABILITIES, COSTS AND EXPENSES
(INCLUDING REASONABLE LEGAL FEES) SUFFERED OR REASONABLY INCURRED BY US ARISING AS A RESULT OF, OR IN CONNECTION WITH;
(A) YOU CONTENT; (B) YOUR UNAUTHORISED USE OF THE SERVICES, PLATFORM, PRODUCTS OR SERVICES INCLUDED OR ADVERTISED IN THE
SERVICES; (C) YOUR ACCESS TO AND USE OF SERVICES; (D) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER PARTY; OR (E) YOUR BREACH OF
THESE TERMS, INCLUDING BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF
ANY THIRD PARTY. WE RETAIN THE EXCLUSIVE RIGHT TO SETTLE, COMPROMISE AND PAY, WITHOUT YOUR PRIOR CONSENT, ANY AND ALL
CLAIMS OR CAUSES OF ACTION WHICH ARE BROUGHT AGAINST US. WE RESERVE THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE
EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE
WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MANNER IN WHICH WE ARE NAMED AS A DEFENDANT AND/OR
FOR WHICH YOU HAVE INDEMNITY OBLIGATIONS WITHOUT OUR PRIOR WRITTEN CONSENT. WE WILL USE REASONABLE EFFORTS TO
NOTIFY YOU OF ANY SUCH CLAIM, ACTION OR PROCEEDING UPON BECOMING AWARE OF IT.
16. Termination of Your Access to the Platform and Services
(i) You can delete your account at any time by accessing your Account Page on the Platform and clicking on Delete Account and confirming on the Delete
Action to cease further use of the Platform and Services.
(ii) We may terminate your use of the Platform or Services and deny you access to the Platform or Services in our sole discretion for any reason or no reason,
including your: (a) violation of these Terms; or (b) lack of use of the Platform or Services. You agree that any termination of your access to the Platform or
Services may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related
information and/or bar any further access to your account or the Platform or Services. If you use the Platform or Services in violation of these Terms, we
may, in our sole discretion, retain all data collected from your use of the Platform or Services. Further, you agree that we shall not be liable to you or any
third party for the discontinuation or termination of your access to the Platform or Services
17. General Terms
(i) Interpretation:
The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms
(ii) Entire Agreement and Waiver:
The Terms, together with the ‘Privacy Policy’ and any other policies past, current or future shall constitute the entire agreement between you and us concerning the
Services. No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation
of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of
any other right, power or privilege
(iii) Severability
If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from
these Terms, and the remainder of the Terms shall continue in full force and effect
(iv) Partnership or Agency
None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and Umaai and you shall have no authority to bind
Umaai in any form or manner, whatsoever​
(v) Governing Law/Waiver
(a) For Customers residing in India: These Terms shall be governed by the laws of India. The Honourable Courts of Karnataka shall have exclusive jurisdiction over
any dispute arising under these terms.
(b) For all Customers: YOU MUST COMMENCE ANY LEGAL ACTION AGAINST US WITHIN ONE (1) YEAR AFTER THE ALLEGED HARM INITIALLY OCCURS.
FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR
PROVISION
(vi) Carrier Rates may Apply
By accessing the Services through a mobile or other device, you may be subject to charges by your Internet or mobile service provider, so check with them first if
you are not sure, as you will be solely responsible for any such costs incurred.
(vii)Linking and Framing
You may not frame the Services. You may link to the Services, provided that you acknowledge and agree that you will not link the Services to any website
containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual
property, proprietary, privacy, or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of your use of and access to the
Platform and Services effective immediately.
18. Notice of Copyright Infringement
Umaai shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the Umaai Platform, or items advertised on the Umaai Platform, by end users or any other third parties. We respect the intellectual property rights of others and require those that use the Services to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others. We also may, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any Customers of the Services repeatedly infringe on others’ copyrights, we may in our sole discretion terminate those individuals’ rights to use the Services If you believe that your copyright has been or is being infringed upon by material found in the Services, you are required to follow the below procedure to file a notification:
(i) Identify in writing the copyrighted material that you claim has been infringed upon;
(ii) Identify in writing the material on the Services that you allege is infringing upon copyrighted material, and provide sufficient information that reasonably
identifies the location of the alleged infringing material (for example, the user name of the alleged infringer and the business listing it is posted under);
(iii) Include the following statement: “I have good faith belief that the use of the content on the Services as described above is not authorized by the copyright
owner, its agent, or law”;
(iv) Include the following statement: “I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am
authorised to act on the copyright owner’s behalf”;
(v) Provide your contact information including your address, telephone number, and e-mail address (if available);
(vi) Provide your physical or electronic signature;
(vii) Send us a written communication to support@umaai.in
You may be subject to liability if you knowingly make any misrepresentations on a take-down notice
19. Contact Us
Details of the Company
Legal Entity Name: 9 Elephants Technology Services LLP
CIN: ABC-1354
Registered Address: 430, 5th A Cross Rd, HRBR Layout 2nd Block, Kalyan Nagar, Bengaluru, Karnataka 560043
Corporate Address: 430, 5th A Cross Rd, HRBR Layout 2nd Block, Kalyan Nagar, Bengaluru, Karnataka 560043
Details of website and Application: www.umaai.in (“Website”) and “Umaai” application for mobile and handheld devices
Contact Details: support@umaai.in
You may write to us at support@umaai.in and we will strive to resolve your order related grievance within the timelines prescribed under applicable
laws.
© 2024 Umaai by 9 Elephants Technology Services LLP