Terms & Conditions

‍Effective Date: January 06, 2025

Welcome to Yumitos.com (the “Site”). The following Terms andConditions (the “Terms” or the “Agreement”) govern your use of the Site and theservices offered by YUMITOS CORPORATION (“Yumitos,” “we,” “our,” or “us”)through the Site, mobile applications, and any associated platforms(collectively, the “Services”). By accessing or using the Services, you agreeto be bound by these Terms without modification. If you do not agree to theseTerms, you must not access or use the Services.

‍1. Overview of Yumitos

1.1 Purpose of the Platform

Yumitos.com is an e-commerce platform dedicated to listingrestaurants, food joints, and caterers (“Food Providers”) and promoting theirbusinesses. Through our Site and mobile application (“Yumitos App”), customers(“Users” or “you”) can:

    •       Viewreviews and ratings of various Food Providers,

    •       Providefeedback about food or restaurants, and

    •       Placeorders online directly with the selected Food Providers.

1.2 No Guarantee of Availability

Yumitos does not guarantee the continuous availability of any FoodProvider, or any specific menu items offered by a Food Provider. Informationprovided on the Site, such as menus, operating hours, or pricing, may besubject to change.

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‍2. Privacy Policy

Your use of the Site is subject to our Privacy Policy. Please review it carefully to understand our practices regarding thecollection, use, and sharing of your personal information. By using ourServices, you consent to the terms of our Privacy Policy, which is incorporatedherein by reference.

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‍3. Electronic Communications

By visiting Yumitos.com or sending emails to us, you arecommunicating with us electronically. You consent to receive electroniccommunications from Yumitos, and you agree that all agreements, notices,disclosures, and other communications we provide to you electronically (viaemail or by posting notices on the Site) satisfy any legal requirement thatsuch communications be in writing.

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‍4. Your Account

4.1 Account Creation and Responsibilities

    •       Toaccess certain features of the Services, you may be required to create anaccount. You are responsible for maintaining the confidentiality of youraccount credentials (username and password) and restricting access to yourdevices.

    •       Youagree to accept responsibility for all activities that occur under your accountor password, including any unauthorized use resulting from theft ormisappropriation of your credentials.

4.2 Restrictions on Account Use

    •       You maynot assign or otherwise transfer your account to any other person or entitywithout our prior written consent.

    •       Yumitosis not liable for any loss or damage that arises from unauthorized use of youraccount.

    •       Wereserve the right, in our sole discretion, to refuse or cancel service,terminate accounts, or remove or edit content.

4.3 Accurate Information

You agree to provide true, accurate, and current information aboutyourself in any registration forms or as otherwise requested by Yumitos.Failure to do so may result in suspension or termination of your account.

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‍5. Children Under Thirteen

Yumitos does not knowingly collect personal information fromchildren under the age of thirteen (13) without verifiable parental consent. Ifyou are under 18, you may use Yumitos.com only with the permission andsupervision of a parent or guardian.

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‍6. Ordering, Cancellation, and Refund Policy

6.1 Placing Orders

    •       Whenyou place an order through Yumitos.com or the Yumitos App, you agree that allinformation you provide is accurate and complete.

    •       Pricesand availability of menu items are subject to change and are the soleresponsibility of the Food Provider.

6.2 Cancellation

    •       If youwish to cancel your order, you must do so within the specific time frame statedat checkout.

    •       Yumitosmay contact the Food Provider before canceling an order to confirm feasibility.We reserve the right to make the final decision on all cancellations.

6.3 Refunds

    •       Refundsmay be issued on a partial or full basis, depending on the timing of thecancellation and any costs incurred by the Food Provider.

    •       Refundpolicies for individual Food Providers may also apply and can vary; Users areencouraged to review the relevant Food Provider’s policies.

7. Links to Third-Party Sites/Third-Party Services

7.1 Linked Sites

    •       TheSite may contain links to other websites (“Linked Sites”) that are not operatedor controlled by Yumitos. We provide these links only as a convenience, andtheir inclusion does not imply endorsement by Yumitos.

    •       Yumitoshas no control over the content, policies, or practices of any Linked Site, andassumes no responsibility for any changes or updates to them.

7.2 Third-Party Services

    •       Certainproducts, services, or functionalities available on Yumitos.com may bedelivered by third parties.

    •       Byusing any product, service, or functionality originating from the Yumitos.comdomain, you acknowledge and consent that Yumitos may share your information anddata with the relevant third party to provide the requested service orfunctionality.

8. Prohibited Uses and Intellectual Property

8.1 License Grant

Yumitos grants you a limited, non-exclusive, non-transferable,revocable license to access and use the Site and Services strictly inaccordance with these Terms.

8.2 Prohibited Conduct

You agree that you will not:

    •       Use theSite for any unlawful purpose or in violation of any local, state, national, orinternational law;

    •       Use theSite in a manner that could damage, disable, overburden, or impair Yumitos’sservers or networks;

    •       Attemptto gain unauthorized access to any portion of the Site, other users’ accounts,or any systems or networks connected to the Site;

    •       Use anyrobot, spider, or automatic device or manual process to harvest informationfrom the Site for any unauthorized purpose;

    •       Post ortransmit any material that is infringing, defamatory, obscene, or otherwiseobjectionable.

8.3 Intellectual Property Rights

    •       Allcontent on the Site (including text, graphics, logos, images, software, andcompilations thereof) is owned or licensed by Yumitos and protected bycopyright, trademark, and other intellectual property laws.

    •       You maynot modify, publish, transmit, reverse engineer, sell, or distribute anycontent from the Site without prior written permission from Yumitos and theapplicable content owner.

    •       Youruse of the Site does not grant any rights or licenses to our or any thirdparty’s intellectual property.

9. User-Generated Content

9.1 User Reviews and Feedback

    •       You maysubmit reviews, ratings, comments, and other content (“User Content”). Bysubmitting such User Content, you grant Yumitos a non-exclusive, worldwide,royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt,publish, translate, create derivative works from, distribute, and display yourUser Content.

    •       Yourepresent and warrant that you own or otherwise control all rights to your UserContent and that the posting of your User Content does not violate any rightsof any third party.

9.2 Monitoring and Removal of Content

Yumitos may, but is not obligated to, monitor User Content. Wereserve the right to remove or edit any User Content at our sole discretion andwithout notice.

10. International Users

10.1 Compliance with Local Laws

Yumitos is controlled and operated from our offices within theUnited States of America. If you access the Site or use the Services from alocation outside the USA, you are responsible for compliance with all locallaws.

10.2 Use Restrictions

You agree that you will not use the Yumitos content in any countryor in any manner prohibited by applicable laws, restrictions, or regulations.

11. Disclaimer of Warranties

11.1 “As Is” Basis

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE,SERVICES, AND ALL INFORMATION, PRODUCTS, AND RELATED GRAPHICS CONTAINED THEREINARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES ORCONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

11.2 No Warranties

YUMITOS AND/OR ITS SUPPLIERS SPECIFICALLY DISCLAIM ALL WARRANTIESAND CONDITIONS OF ANY KIND RELATING TO THE SITE AND SERVICES, INCLUDING BUT NOTLIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, TITLE, AND NON-INFRINGEMENT.

11.3 Restaurant and Third-Party Content

Yumitos does not warrant or guarantee:

    •       Thequality, safety, or legality of any Food Provider’s offerings,

    •       Theaccuracy or reliability of any information about Food Providers listed on ourSite,

    •       Thatthe Food Providers will honor any promised promotions or offers.

Any issues or disputes regarding orders, including food quality orsafety, are solely between you and the respective Food Provider.

12. Limitation of Liability

 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENTSHALL YUMITOS OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER,INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISINGOUT OF OR IN CONNECTION WITH:

    •       THE USEOR PERFORMANCE OF THE SITE,

    •       THEDELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES,

    •       ANYINFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR RELATED GRAPHICS OBTAINED THROUGHTHE SITE,

    •       OROTHERWISE ARISING OUT OF THE USE OF THE SITE.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH ANY OFTHESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THESITE.

13. Indemnification

You agree to indemnify, defend, and hold harmless Yumitos, itsofficers, directors, employees, agents, and third parties, from and against anyand all claims, losses, liabilities, costs, and expenses (including reasonableattorney’s fees) arising out of or related to:

    •       Youruse of or inability to use the Site or Services,

    •       AnyUser Content posted by you,

    •       Yourviolation of these Terms or any applicable law,

    •       Yourviolation of any rights of a third party.

Yumitos reserves the right to assume the exclusive defense andcontrol of any matter otherwise subject to indemnification by you. In such acase, you agree to cooperate fully with Yumitos in asserting any available defenses.

14. Dispute Resolution and Arbitration

14.1 Agreement to Arbitrate

Any dispute arising out of or relating to these Terms andConditions shall be resolved by final and binding arbitration pursuant to theFederal Arbitration Act, conducted by a single neutral arbitrator. The arbitration shall be administered by the American Arbitration Association or another mutually agreed-upon arbitration service.

14.2 Location and Award

    •       The arbitration shall take place in a location mutually agreed upon by the parties.

    •       The arbitrator’s award shall be final and binding, and judgment may be entered uponit in any court having jurisdiction.

14.3 Recovery of Costs and Fees

If any legal or equitable action, proceeding, or arbitration arisesout of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees.

14.4 Survival

This arbitration provision shall survive the termination of theseTerms and Conditions.

15. Class Action Waiver

All arbitrations under these Terms will be conducted on an individual basis. CLASS ARBITRATIONS AND CLASS, REPRESENTATIVE, OR COLLECTIVE ACTIONS ARE NOT PERMITTED. YOU MAY BRING CLAIMS AGAINST YUMITOS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

16. Termination and Access Restriction

Yumitos reserves the right, at its sole discretion, to terminate your access to the Site and related Services or any portion thereof at any time without notice.

17. Force Majeure

Yumitos shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, natural catastrophes, war, terrorism, riots, embargoes, government orders, or any other force majeure event.

18. Governing Law and Jurisdiction

This Agreement is governed by the laws of the State of NorthCarolina without regard to conflicts of laws principles. You hereby consent tothe exclusive jurisdiction and venue of the state or federal courts located inNorth Carolina in all disputes arising out of or relating to the use of theSite or Services. Use of the Site is unauthorized in any jurisdiction that doesnot give effect to all provisions of these Terms, including, without limitation, this section.

19. Relationship of the Parties

Nothing in these Terms shall be construed as creating a jointventure, partnership, employment, or agency relationship between you andYumitos. You agree that Yumitos has no special relationship with or fiduciaryduty to you.

20. Severability

If any part of this Agreement is deemed to be invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations set forth above, the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in full force and effect.

21. Entire Agreement

Unless otherwise specified, this Agreement (including the PrivacyPolicy and any additional terms incorporated by reference) constitutes the entire agreement between you and Yumitos with respect to the Site and Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written.

22. Electronic Records and Admissibility

A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent as other business documents and records originally generated and maintained in printed form.

23. Changes to Terms

Yumitos reserves the right, at its sole discretion, to update or modify these Terms at any time. The most current version of the Terms will supersede all previous versions. Yumitos encourages you to periodically review the Terms to stay informed of our updates.

24. Contact Us

Yumitos welcomes your questions or comments regarding these Terms.You may contact us at:

Email: contact@yumitos.com

‍Effective Date: January 06, 2025

By accessing or using Yumitos.com or the Yumitos App, you acknowledge that you have read, understood, and agree to be bound by theseTerms and all other policies incorporated by reference.