1. INTRODUCTION 1.1 Welcome to the Yummi Hero platform (the "Site"). Please read the following Terms of Service carefully before using this Site or opening a Yummi Hero account ("Account") so that you are aware of your legal rights and obligations with respect to Yummi Hero Sdn. Bhd. and its affiliates and subsidiaries (individually and collectively, "Yummi Hero", "we", "us" or "our"). The "Services" we provide or make available include (a) the Site, (b) the services provided by the Site and by Yummi Hero client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services ("Content"). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by Yummi Hero. 1.2 The Services include an online platform service that provides a place and opportunity for the sale of goods between the buyer (“Buyer”) and the seller (“Seller”) (collectively “you”, “Users” or “Parties”). The actual contract for sale is directly between Buyer and Seller and Yummi Hero is not a party to that or any other contract between Buyer and Seller and accepts no obligations in connection with any such contract. Parties to such transaction will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase and the like. Yummi Hero is not involved in the transaction between Users. Yummi Hero may or may not pre-screen Users or the Content or information provided by Users. Yummi Hero reserves the right to remove any Content or information posted by you on the Site in accordance to Section 6.4 herein. Yummi Hero cannot ensure that Users will actually complete a transaction. 1.3 Before becoming a User of the Site, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto. 1.4 Yummi Hero reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws. Yummi Hero may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. Yummi Hero may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability. 1.5 Yummi Hero reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason. BY USING YUMMI HERO SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER. 2. PRIVACY 2.1 Your privacy is very important to us at Yummi Hero. To better protect your rights we have provided the YummiHero.my Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how Yummi Hero collects and uses the information associated with your Account and/or your use of the Services (the “User Information”). By using the Services or providing information on the Site, you: (a) consent to Yummi Hero's collection, use, disclosure and/or processing of your Content, personal data and User Information as described in the Privacy Policy; (b) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and Yummi Hero; and (c) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without Yummi Hero’s prior written consent. 2.2 Users in possession of another User’s personal data through the use of the Services (the “Receiving Party”) hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws. 3. LIMITED LICENSE 3.1 Yummi Hero grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Site are the property of Yummi Hero and where applicable, third party proprietors identified in the Site. No right or licence is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website). 3.2 You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with Yummi Hero. You acknowledge that Yummi Hero may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice. 4. SOFTWARE Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service. Yummi Hero reserves all rights to the software not expressly granted by Yummi Hero hereunder. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by Yummi Hero. 5. ACCOUNTS AND SECURITY 5.1 Some functions of our Services require registration for an Account by selecting a unique user identification ("User ID") and password, and by providing certain personal information. If you select a User ID that Yummi Hero, in its sole discretion, finds offensive or inappropriate, Yummi Hero has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. Yummi Hero has not reviewed, and assumes no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Policy, may also apply to your use of those products, websites or services. 5.2 You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, (c) immediately notify Yummi Hero of any unauthorised use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. Yummi Hero will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section. 5.3 You agree that Yummi Hero may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel any transactions associated with your Account and User ID, temporarily withhold any sale proceeds or refunds, and/or take any other actions that Yummi Hero deems necessary. Grounds for such actions may include, but are not limited to, (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having multiple user accounts for illegitimate reasons, or (e) behaviour that is harmful to other Users, third parties, or the business interests of Yummi Hero. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, Yummi Hero may terminate your Account immediately with or without notice. 5.4 Users may terminate their Account if they notify Yummi Hero in writing (including via email at Hello@YummiHero.my) of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact Yummi Hero after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. Yummi Hero shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this section. Users waive any and all claims based on any such action taken by Yummi Hero. 5.5 You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time. 6. TERM OF USE 6.1 The license for use of this Site and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, Yummi Hero may effect such termination with or without notice to you. 6.2 You agree not to: (a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) violate any laws, including without limitation any laws and regulation in relation to export and import restrictions, third party rights or our Prohibited and Restricted Items policy; (c) use the Services to harm minors in any way; (d) use the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services; (f) remove any proprietary notices from the Site; (g) cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of Yummi Hero; (h) use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein; (i) use the Services for fraudulent purposes; (j) manipulate the price of any item or interfere with other User's listings; (k) take any action that may undermine the feedback or ratings systems; (l) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by Yummi Hero with respect to the Services and/or data transmitted, processed or stored by Yummi Hero; (m) harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information; (n) upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (o) upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (p) upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other unauthorised form of solicitation; (q) upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment; (r) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges; (s) interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User's use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (t) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services; (u) use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism; (v) use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control, the United Nations Security Council, the European Union or Her Majesty’s Treasury; (w) use the Services to violate the privacy of others or to "stalk" or otherwise harass another; (x) infringe the rights of Yummi Hero, including any intellectual property rights and any passing off of the same thereof; (y) use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above; and/or (z) list items which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Services in a manner which will infringe the intellectual property rights of others. (aa) use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above; and/or (bb) list items which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Services in a manner which will infringe the intellectual property rights of others. (cc) direct or encourage another user to chat or conduct a transaction other than on the Site. 6.3 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not Yummi Hero, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. You understand that by using the Site, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will Yummi Hero be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Site. 6.4 You acknowledge that Yummi Hero and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Site. Without limiting the foregoing, Yummi Hero and its designees shall have the right to remove any Content (i) that violates these Terms of Service; (ii) if we receive a complaint from another User; (iii) if we receive a notice of intellectual property infringement or other legal instruction for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by Yummi Hero or submitted to Yummi Hero, including, without limitation, information in Yummi Hero Forums and in all other parts of the Site. 6.5 You acknowledge, consent to and agree that Yummi Hero may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over Yummi Hero or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Yummi Hero, its Users and/or the public. 6.6 If you wish to use or apply any promotion codes or discounts, you must enter the available promotion codes or discounts upon checkout of the Food Order. All promotion codes and discounts are subject to its specific terms and conditions, are mutually exclusive and cannot be combined with other promotions, unless otherwise stated. The price payable for the discounted food or beverage item may be rounded and will be set out on the checkout page for your Food Order. You agree that we are not obliged to accept late submission of promotion codes and discounts after the checkout process has been completed. Yummi Hero will not be liable for any direct or indirect losses, damages, costs and expenses suffered or incurred as a result of the theft or illegal or fraudulent usage of any promo codes and discounts. Yummi Hero may take any action against you if you have been found to be using any promotion codes and discount in an illegal or fraudulent manner, including without limitation, suspending or terminating your user account. Pursuant to arrangement or agreement between you and the relevant Partner(s), you may no longer be eligible for the promotion code(s) or discount(s) for the order placed. In such circumstances, we reserve the right to remove the application of the promotion(s) or discount(s) from the order(s) placed or otherwise carry out the necessary action to correct the promotion(s) or discount(s) which has been incorrectly applied. 7. VIOLATION OF OUR TERMS OF SERVICE 7.1 Violations of this policy may result in a range of actions, including, without limitation, any or all of the following: - Listing deletion - Limits placed on Account privileges - Account suspension and subsequent termination - Criminal charges - Civil actions, including without limitation a claim for damages and/or interim or injunctive relief 7.2 If you believe a User on our Site is violating these Terms of Service, please contact Hello@YummiHero.my. 8. REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT 8.1 The Users are independent individuals or businesses and they are not associated with Yummi Hero in any way. Yummi Hero is neither the agent nor representative of the Users and does not hold and/or own any of the merchandises listed on the Site. 8.2 If you are an intellectual property right owner (“IPR Owner”) or an agent duly authorised by an IPR Owner (“IPR Agent”) and you believe that your right or your principal’s right has been infringed, please notify us in writing by email to Hello@YummiHero.my and provide us the documents requested below to support your claim. Do allow us time to process the information provided. Yummi Hero will respond to your complaint as soon as practicable. 8.3 Complaints under this Section 8 must be provided in the form prescribed by Yummi Hero, which may be updated from time to time, and must include at least the following: (a) a physical or electronic signature of an IPR Owner or IPR Agent (collectively, “Informant”); (b) a description of the type and nature of intellectual property right that is allegedly infringed and proof of rights; (c) details of the listing which contains the alleged infringement; (d) sufficient information to allow Yummi Hero to contact the Informant, such as Informant’s physical address, telephone number and e-mail address; (e) a statement by Informant that the complaint is filed on good faith belief and that the use of the intellectual property as identified by the Informant is not authorised by the IPR Owner or the law; (f) a statement by the Informant that the information in the notification is accurate, indemnify us for any damages we may suffer as a result of the information provided by and that the Informant has the appropriate right or is authorised to act on IPR Owner’s behalf to the complaint. 9. PURCHASE AND PAYMENT 9.1 Yummi Hero supports one or more of the following payment methods in each country it operates in: (i) Credit Card Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in. (ii) Bank Transfer Buyer may make payments through an Automated Teller Machine or internet bank transfer (“Bank Transfer”) to our designated Yummi Hero Guarantee Account (as defined in Section 11). Buyer must provide Yummi Hero with the transfer receipt or payment transaction reference for verification purposes through the ‘Upload Receipt’ function found in Yummi Hero’s app or website as payment confirmation. If payment confirmation is not received by Yummi Hero within three (3) days, Buyer’s order will be cancelled. 9.2 Buyer may only change their preferred mode of payment for their purchase prior to making payment. 9.3 Yummi Hero takes no responsibility and assume no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or wrong remittance by Buyer in connection with the payment for the items purchased. We reserve the right to check whether Buyer is duly authorised to use certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available. 9.4 At the moment, Yummi Hero is only able to make payment to Users via bank transfer. Hence, Users are required to provide Yummi Hero with his/her banking details in order to receive payments i.e. from the sale of item or refund from Yummi Hero. 10. HERO WALLET 10.1 Hero Wallet is a service provided by Yummi Hero or its authorised agent to facilitate the storage of money you receive from your sales proceeds and refunds for purchases made via bank transfer, cash payment or your Hero Wallet. The sum of this money, minus any withdrawals, will be reflected as your Hero Wallet balance. 10.2 You may transfer funds from your Hero Wallet (up to the amount of your Hero Wallet balance) to your linked bank account (“Linked Acount”) by submitting a transfer request (“Withdrawal Request”) a maximum of once per day. Yummi Hero may also automatically transfer funds from your Hero Wallet to your Linked Account on a regular basis, as determined by Yummi Hero. Yummi Hero shall only process such transfers on business days and such transfers may take up to two business days to be credited to your Linked Account. 10.3 Each User is entitled to a maximum number of one (1) free Withdrawal Requests per week. Yummi Hero may impose a fee of RM1.00 for each additional Withdrawal Request made in excess of such maximum number in a given week (“Withdrawal Fee”). The maximum number of free Withdrawal Requests each User is entitled to and the amount of Withdrawal Fees charged are subject to change at Yummi Hero’s discretion. 10.4 Money from your sale of items on Yummi Hero shall be credited to your Hero Wallet within three (3) working days after the item is delivered to Buyer or immediately after Buyer has acknowledged that they have received the item. Money from refunds of items on Yummi Hero shall be credited to your Hero Wallet within three (3) working day of the return or refund request being approved. 10.5 Once submitted, you may not modify or cancel a Withdrawal Request. 10.6 If there is an error in the processing of any transaction, you authorize us to initiate debit or credit entries to your designated bank account, to correct such error, provided that any such correction is made in accordance with applicable laws and regulations. If we are unable to debit your designated bank account for any reason, you authorize us to resubmit the debit, plus any applicable fees, to any other bank account or payment instrument that you have on file with us or to deduct the debit and applicable fees from your Hero Wallet balance in the future. 11. YUMMI HERO GUARANTEE 11.1 Yummi Hero Guarantee is a service provided by Yummi Hero or its authorised agent to protect purchases. To protect against the risk of liability, payment for purchases made to Seller using the Services will be held by Yummi Hero or its authorised agent (“Yummi Hero Guarantee Account”) and Yummi Hero will not use your funds for its operating expenses or any other corporate purposes. Seller will not receive interest or other earnings from the sum you have paid into Yummi Hero Guarantee Account. 11.2 After Buyer makes payment for his/her order (“Buyer’s Purchase Monies”), Buyer’s Purchase Monies will be held in Yummi Hero Guarantee Account until: (a) Buyer sends confirmation to Yummi Hero that Buyer has received his/her goods, in which case, unless 11.2(d) applies, Yummi Hero will release Buyer’s Purchase Monies in Yummi Hero Guarantee Account to Seller; (b) Yummi Hero Guarantee Period (or any approved extension under 11.3) expires, in which case, unless 11.2(c) or 11.2(d) applies, Yummi Hero will release Buyer’s Purchase Monies in Yummi Hero Guarantee Account to Seller; (c) Yummi Hero determines that Buyer’s application for a return of goods and/or refund is successful, in which case, unless 11.2(d) applies, Yummi Hero will provide a refund to Buyer, subject to and in accordance with the Refunds and Return Policy; (d) such other time as Yummi Hero reasonably determines that a distribution of Buyer’s Purchase Monies is appropriate, including, without limitation, where it deems reasonably necessary to comply with applicable law or a court order or to enforce these Terms of Service. Yummi Hero Guarantee is only offered to Buyers who have made payment through the channels provided by Yummi Hero into Yummi Hero Guarantee Account. Offline arrangements between Buyer and Seller will not be covered under Yummi Hero Guarantee. 11.3 Payments made through Yummi Hero channels will be held in the Yummi Hero Guarantee Account for a specified period of time (the “Yummi Hero Guarantee Period”). To find out more about the Yummi Hero Guarantee Period, please click this link. Buyer may apply for a one-time extension of Yummi Hero Guarantee Period prior to the expiry of the applicable Yummi Hero Guarantee Period, subject to and in accordance with the Refunds and Return Policy. Upon Buyer’s application, Yummi Hero Guarantee Period may be extended for a maximum period of three (3) days unless Yummi Hero in its sole discretion determines that a longer extension is appropriate or required. 11.4 Seller/Buyer must be the beneficial owner of the Account and conduct transaction on the Site only on behalf of him or herself. Yummi Hero may require Seller or Buyer to provide his or her personal data such as recent identity photograph, bank account details and/or any other such documentation necessary, for verification purposes, including verification required by third party payment processing and logistic service providers. Seller/Buyer hereby grants Yummi Hero his/her consent to use or provide to third party his/her personal data to facilitate his/her use of the Site. Further, Seller/Buyer authorises Yummi Hero to use his/her personal data to make any inquires we consider necessary to validate his/her identity with the appropriate entity such as his/her bank. For more information in relation to how Yummi Hero handles your personal information, please visit our Privacy Policy page. 11.5 The Yummi Hero Guarantee is in addition and without limitation to Buyer’s and Seller’s obligations under applicable law, which may go above and beyond what is provided for by the Yummi Hero Guarantee. The Yummi Hero Guarantee is neither intended nor designed to assist Buyer or Seller in complying with its own legal obligations, for which each party will remain solely responsible, and Yummi Hero accepts no liability in connection with the same. Without limitation, the Yummi Hero Guarantee does not constitute a product warranty. 11.6 Buyer and Seller acknowledge and agree that Yummi Hero’s decision (including any appeals) in respect of and relating to any issues concerning the Yummi Hero Guarantee is final. 11.7 For the avoidance of doubt, any transactions not conducted on the Site will not qualify for the protection offered by Yummi Hero Guarantee. 12. HERO COIN REWARD SYSTEM 12.1 Users may earn loyalty points (“Hero Coin”) by buying merchandises on the Site using the Yummi Hero Guarantee system or through participation in other Yummi Hero activities as Yummi Hero may from time to time determines (“Eligible Activities”) based on the conversion rate determined by Yummi Hero in its sole discretion. Generally, Hero Coin will be credited to a User’s Account upon the completion of a successful transaction or activity approved by Yummi Hero. You are eligible to participate in the Hero Coin reward system if you are an User and your Account does not expressly exclude you from participation. 12.2 Transaction not completed on the Site using Yummi Hero Guarantee do not qualify for the Hero Coin reward system. Yummi Hero may at its sole discretion exclude categories of items from the Hero Coin reward system. 12.3 Hero Coin has no monetary value, does not constitute your property and cannot be purchased, sold, transferred or redeemed for cash. 12.4 Subject to Yummi Hero rules and regulation as determined, varied or modified by Yummi Hero from time to time, subject to any cap imposed by Yummi Hero at its sole discretion, User may redeem Hero Coin by sending a request to Yummi Hero and use Hero Coin to offset the purchase price of selected items when making purchases on the Site as advised by Yummi Hero from time to time. All refunds will be subject to Yummi Hero’s Refunds and Return Policy under Section 14.4. 12.5 The Hero Coin you redeem will be deducted from your Hero Coin balance. Each Hero Coin comes with an expiry date. Do check your account details on the Site for Hero Coin balances and expiry date. 12.6 From time to time, we may tell you that bonus Hero Coin will be awarded for particular Eligible Activities. This may include but is not limited to purchases you make at participating Sellers or pursuant to specific promotional offers. We will notify you of the terms of such bonus awards if any from time to time. 12.7 If you have a dispute in relation to the number of Hero Coin which you have been awarded in respect of an Eligible Activity, such a dispute must be made within one (1) month from the date of the Eligible Activity. We may require you to provide evidence to support your claim. 12.8 Yummi Hero gives no warranty and accepts no responsibility as to the ultimate tax treatment of Hero Coin. You will need to check with your tax advisor whether receiving Hero Coin affects your tax situation. 12.9 Yummi Hero reserves the right to (i) discontinue the Hero Coin Reward System at any time at its sole discretion and (ii) cancel or suspend a User’s right to participate in Hero Coin Reward System, including the ability to earn and redeem Hero Coin at its sole discretion. 13. DELIVERY 13.1 Yummi Hero will inform Seller when Yummi Hero receives Buyer’s Purchase Monies. Unless otherwise agreed with Yummi Hero, Seller should then make the necessary arrangements to have the purchased item delivered to Buyer and provide details such as the name of the delivery company, the tracking number, etc. to Buyer through the Site. 13.2 Seller must use his/her best effort to ensure that Buyer receives the purchased items within the Yummi Hero Guarantee Period. 13.3 Users understand that Seller bears all risk attached to the delivery of the purchased item(s) and warrants that he/she has or will obtain adequate insurance coverage for the delivery of the purchased item(s). In the event where the purchased item(s) is damaged,lost or failure of delivery during the course of delivery, Users acknowledge and agree that Yummi Hero will not be liable for any damage, expense, cost or fees resulted therefrom and Seller and/or Buyer will reach out to the logistic service provider to resolve such dispute. 13.4 For Cross-Border Transaction. Users understand that all cross-border import and export transaction are subject to local laws and regulations. Seller should familiarise himself/herself with all import and export restrictions that apply to the designating country. Seller acknowledges that Yummi Hero cannot provide any legal advice in this regard and agrees that Seller will bear all risks and liabilities associated with import and export of any Seller’s item to the designating country. 14. CANCELLATION, RETURN AND REFUND 14.1 Buyer may only cancel his/her order prior to the payment of Buyer’s Purchase Monies into Yummi Hero Guarantee Account. 14.2 Buyer may apply for the return of the purchased item and refund prior to the expiry of Yummi Hero Guarantee Period, if applicable, subject to and in accordance with Yummi Hero’s Refunds and Return Policy. Please refer to Yummi Hero’s Refunds and Return Policy for further information. 14.3 Yummi Hero reserves the right to cancel any transaction on the Site and Buyer agrees that Buyer’s sole remedy will be to receive a refund of the Buyer’s Purchase Monies paid into Yummi Hero Guarantee Account. 14.4 If you have redeemed Hero Coin for your transaction and you are successful in obtaining a refund based on Yummi Hero’s Refunds and Return Policy, Yummi Hero shall refund the monies you have actually paid for the item and credit back any redeemed Hero Coin to your Account separately. 15. SELLER’S RESPONSIBILITIES 15.1 Seller shall properly manage and ensure that relevant information such as the price and the details of items, inventory amount and terms and conditions for sales is updated on Seller’s listing and shall not post inaccurate or misleading information. 15.2 The price of items for sale will be determined by the Seller at his/her own discretion. The price of an item and shipping charges shall include the entire amount to be charged to Buyer such as sales tax, value-added tax, tariffs, etc. and Seller shall not charge Buyer such amount additionally and separately. 15.3 Seller agrees that Yummi Hero may at its discretion engage in promotional activities for and on behalf of Seller to induce transactions between Buyer and Seller by reducing, discounting or refunding fees, or in other ways. The final price that Buyer will pay actually will be the price that such adjustment is applied to. 15.4 For the purpose of promoting the sales of the items listed by Seller, Yummi Hero may post such items (at adjusted price) on third-party websites (such as portal sites and price comparison sites) and other websites (domestic or foreign) operated by Yummi Hero. 15.5 Seller shall issue receipts, credit card slips or tax invoices to Buyer on request. 15.6 Seller acknowledges and agrees that Seller will be responsible for paying all taxes, customs and duties for the item sold and Yummi Hero cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, Sellers are advised to seek professional advice if in doubt. 15.7 Seller acknowledge and agrees that Seller’s violation of any of Yummi Hero’s polices will result in a range of actions as stated in Section 7.1. 16. PAID ADVERTISING 16.1 Yummi Hero will be launching keyword advertising and/or other advertising services (hereinafter referred to as "Paid Advertising") on its Paid Advertising Site on an ongoing basis. Sellers may purchase the Paid Advertising services. Yummi Hero provides the Paid Advertising services in accordance with these Terms of Service and any explanatory materials published on this Site, the Paid Advertising Site or otherwise communicated to Sellers in writing (hereinafter referred to as the "Paid Advertising Rules"). Sellers who purchase Paid Advertising services agree to be bound by the Paid Advertising Rules. If you are not agreeable to being bound by the Paid Advertising Rules, do not buy any Paid Advertising Services. 16.2 In order to purchase Paid Advertising services, you must be an eligible Seller under the Paid Advertising Rules. At the time when you purchase and pay for the Paid Advertising Services, your Account must not be suspended. 16.3 You may purchase Paid Advertising services by purchasing advertising credits on the Paid Advertising Site (“Advertising Credits”), and fees payable for the Paid Advertising services will be deducted from the Advertising Credits on a pay-per-click basis, as determined by Yummi Hero. All Advertising Credits will be subject to goods and services tax. Except as otherwise provided in the applicable Paid Advertising Rules, you may not cancel the order and/or request for a refund after you have purchased Advertising Credits and completed the payment process. Yummi Hero will provide an electronic invoice for Paid Advertising services purchased on a monthly basis and Sellers are to ensure that a correct and working e-mail address is provided for receiving such invoices. The invoice will contain the name and address provided by you, the amount of Advertising Credits purchased and the remaining balance of your Advertising Credits as at the date of the invoice. 16.4 You have the option to purchase the keyword advertising service at the time you list an item for sale or subsequently. When you purchase the keyword advertising service, you can set different budgets, keywords, marketing periods, etc. for each item in accordance with the Paid Advertising Rules. The keyword advertising service for each item will be activated and will expire on the respective dates set by you (the “Keyword Advertising Period”). You will not be entitled to transfer the remaining Keyword Advertising Period or Advertising Credits to other items if an item is sold or unlisted during the Keyword Advertising Period you set for that item. The Advertising Credits will also not be refunded. 16.5 The goods you list on the Site must comply with all relevant laws and regulations, the Paid Advertising Rules, these Terms of Service and the Prohibited and Restricted Items Policy. You understand and agree that Yummi Hero has the right to immediately remove any listing which violates any of the foregoing and any Paid Advertising fees that you have paid or Advertising Credits you have used in relation to any listing removed pursuant to this Section 16.5 will not be refunded. Yummi Hero will also not be liable to compensate you for any loss whatsoever in relation to listings removed pursuant to this Section 16.5. 16.6 You understand and agree that Yummi Hero does not warrant or guarantee any increase in viewership or sales of your items as a result of the Paid Advertising services. 16.7 You are advised to only purchase Paid Advertising services after fully considering your budget and intended advertising objectives. Except as otherwise provided in these Terms of Service or the Paid Advertising Rules, Yummi Hero shall not be liable for any compensation or be subject to any liability (including but not limited to actual expenses and lost profits) for the results or intended results of any Paid Advertising service. 16.8 IF, NOTWITHSTANDING ANYTING IN THESE TERMS OF SERVICE, YUMMI HERO IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE) IN RELATION TO ANY PAID ADVERTISING SERVICE, THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE AMOUNT PAID BY YOU FOR THE PAID ADVERTISING SERVICE IN QUESTION ONLY. 17. PURCHASE AND SALE OF ALCOHOL 17.1 The purchase and sale of alcoholic products (“Alcohol”) on the Site is permitted by Yummi Hero subject to the terms and conditions of this Section 17. If you are a buyer of Alcohol (“Alcohol Buyer”), you will be deemed to have consented to the terms and conditions in this Section 17 when you purchase Alcohol on the Site. Similarly, if you are an approved seller of Alcohol (“Alcohol Seller”), you will be deemed to have consented to the terms and conditions in this Section 17 when you sell Alcohol on the Site. 17.2 If you are an Alcohol Buyer: (i) you represent and warrant that you and (if applicable) the person receiving the Alcohol (“Recipient”) are (i) aged 21 or above; (ii) are not Muslim or otherwise prohibited from buyer alcohol under any law, regulation or religion; and (iii) understand the following: “MEMINUM ARAK BOLEH MEMBAHAYAKAN KESIHATAN”; and (ii) if requested by an Alcohol Seller or Yummi Hero (or its agents), you and/or the Recipient shall provide photo identification for age verification purposes. 17.3 If you are an Alcohol Seller, you represent and warrant that: (i) you are not Muslim or otherwise prohibited from selling alcohol under any law, regulation or religion; (ii) you hold all necessary licences and/or permits to sell Alcohol through the Site, and shall provide a copy of such licences and/or permits and supporting documents to Yummi Hero immediately upon request for verification purposes; and (iii) all information and documents provided to Yummi Hero are true and accurate. 17.4 When delivering Alcohol to an Alcohol Buyer: (i) the delivery agent reserves the right to request for valid photo identification for age verification purposes; and (ii) Yummi Hero (via the delivery agent) reserves the right to refuse the delivery of Alcohol if the Alcohol Buyer and/or the Recipient appears intoxicated or is unable to provide valid photo identification for age verification purposes. 17.5 Each Alcohol Buyer and Alcohol Seller severally agrees to indemnify, defend and hold harmless Yummi Hero, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) any inaccuracy or breach of its representations in Section 17.2 and/or Section 17.3 (as applicable); and (b) its breach of any law or any rights of a third party. 18. FEES 18.1 Unless otherwise stated, Yummi Hero does not charge Users for the use of the Site. 18.2 Where fees are payable, the same will be subject to GST/VAT and other applicable taxes. Unless otherwise agreed, Seller is responsible for such taxes. Seller acknowledges and agrees that Yummi Hero may deduct its fees and any applicable taxes from the purchase monies paid by Buyers. Yummi Hero shall issue receipts or tax invoices for fees and tax paid by Seller on request. 19. DISPUTES 19.1 Yummi Hero encourages Users to communicate with each other in the event where problem arises in a transaction. As Yummi Hero is a platform for Users to conduct trading, Buyer should contact Seller directly for any issue relating to the Item purchased. In the alternative, Users may approach the claims tribunal of their local jurisdiction to resolve any dispute arising from a transaction. 19.2 Users covered under Yummi Hero Guarantee may send written request to Yummi Hero to assist them in resolving issues which may arise from a transaction upon request. Yummi Hero may, at its sole discretion and with absolutely no liability to Seller and Buyer, take all necessary steps to assist Users resolving their dispute. For more information, please refer to Yummi Hero’s Refunds and Return Policy. 19.3 To be clear, the services provided under this Section 19 are only available to Buyers covered under Yummi Hero Guarantee. Buyer using other payment means for his/her purchase should contact Seller directly. 20 FEEDBACK 20.1 Yummi Hero welcomes information and feedback from our Users which will enable Yummi Hero to improve the quality of service provided. Please refer to our feedback procedure below for further information: (i) Feedback may be made in writing through email to or using the feedback form found on the App. (ii) Anonymous feedback will not be accepted. (iii) Users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case. (iv) Vague and defamatory feedback will not be entertained. 21. DISCLAIMERS 21.1 THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY YUMMI HERO OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YUMMI HERO DOES NOT WARRANT THAT THE SERVICES, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS. 21.2 YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 21.3 YUMMI HERO HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS AVAILABLE VIA THE SERVICES; OR (B) THE ABILITY OF SELLERS TO SELL ITEMS OR OF BUYERS TO PAY FOR ITEMS. IF THERE IS A DISPUTE INVOLVING ONE OR MORE USERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE YUMMI HERO AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE. 22. EXCLUSIONS AND LIMITATIONS OF LIABILITY 22.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YUMMI HERO BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR: 22.1.1 (A) LOSS OF USE; (B) LOSS OF PROFITS; (C) LOSS OF REVENUES; (D) LOSS OF DATA; (E) LOSS OF GOOD WILL; OR (F) FAILURE TO REALISE ANTICIPATED SAVINGS, IN EACH CASE WHETHER DIRECT OR INDIRECT; OR 22.1.2 ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF YUMMI HERO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 22.2 YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES. 22.3 IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, YUMMI HERO IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE LESSER OF: (A) ANY AMOUNTS DUE AND PAYABLE TO YOU PURSUANT TO THE YUMMI HERO GUARANTEE; AND (B) SG $100 (ONE HUNDRED SINGAPORE DOLLARS). 22.4 NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY YUMMI HERO’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF YUMMI HERO THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED. 23. LINKS TO THIRD PARTY SITES Third party links provided throughout the Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of Yummi Hero in any manner whatsoever and you therefore access them at your own risk. Yummi Hero is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Yummi Hero is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Yummi Hero of any linked site and/or any of its content therein. 24. YOUR CONTRIBUTIONS TO THE SERVICES 24.1 By submitting Content for inclusion on the Services, you represent and warrant that you have all necessary rights and/or permissions to grant the licenses below to Yummi Hero. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant Yummi Hero and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works) without need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements. 24.2 Any material, information or idea you post on or through the Services, or otherwise transmit to Yummi Hero by any means (each, a "Submission"), is not considered confidential by Yummi Hero and may be disseminated or used by Yummi Hero without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. By making a Submission to Yummi Hero, you acknowledge and agree that Yummi Hero and/or other third parties may independently develop software, applications, interfaces, products and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your Submission. Accordingly, you hereby grant Yummi Hero and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to develop the items identified above, and to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform any Submission on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works). This provision does not apply to personal information that is subject to our privacy policy except to the extent that you make such personal information publicly available on or through the Services. 25. THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS 25.1 Each contributor to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, Yummi Hero is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold Yummi Hero responsible for any User's actions or inactions, including, without limitation, things they post or otherwise make available via the Services. 25.2 In addition, the Services may contain links to third party products, websites, services and offers. These third party links, products, websites and services are not owned or controlled by Yummi Hero. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. Yummi Hero has not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Services, you agree that Yummi Hero shall not be liable in any manner due to your use of, or inability to use, any website or widget. You further acknowledge and agree that Yummi Hero may disable your use of, or remove, any third party links, or applications on the Services to the extent they violate these Terms of Service. 26. REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS 26.1. By using the Service and/or Platform, you represent, warrant and undertake that: 26.1.1. You have legal capacity to enter into the Agreement and that you are at least eighteen (18) years old. You cannot enter into the Agreement if you are below eighteen (18) years old; 26.1.2. You will provide true, accurate, not misleading, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it true, accurate, not misleading, current and complete at all times during the term of the Agreement. You agree that Yummi Hero may rely on your information as true, accurate, not misleading, current and complete. You acknowledge that if your information is untrue, inaccurate, misleading, not current or incomplete in any respect, Yummi Hero has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice; 26.1.3. You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require; 26.1.4. You acknowledge and agree that only one (1) account can be registered on one device, except as otherwise permitted by Yummi Hero; 26.1.5. You will only use the Application, Platform and Service for their intended and lawful purposes; 26.1.6. You will keep your account password or any identification we provide you which allows access to the Service secure and confidential; 26.1.7. You will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity; 26.1.8. When using the Service/Platform, you agree to comply with all laws applicable to you and/or your use of the Service/Platform; 26.1.9. You agree to notify us immediately of any unauthorized use of your account or any other breach of security; 26.1.10. You will not try to interrupt, impair or harm the Service and/or Platform in any way, and shall refrain from: (a) sending spam or otherwise duplicative or unsolicited messages; (b) sending or storing infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (c) sending material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfering with or disrupt the integrity or performance of the Platform or the data contained therein; (e) attempting to gain unauthorized access to the Platform or its related software, systems or networks; (f) impersonating any person or entity or otherwise misrepresent your affiliation with a person or entity; (g) engaging in any conduct that could possibly damage our reputation or amount to being disreputable; (h) circumventing the proper operation of the Platform and network which the Service operates on; and (i) using any manual or automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, to unduly burden or hinder the operation and/or performance of the Platform, or to circumvent the navigational structure or presentation of the Platform or its content; 26.1.11. You will not attempt to commercially exploit any part of the Application and/or Platform without our permission. For the avoidance of doubt, you are not permitted to modify or make derivative works based on the Platform, its content or any part thereof in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose save where specifically permitted in writing by Yummi Hero. This includes without limitation not to: (a)create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the Platform except for your personal, non-commercial use; (b) copy any content displayed through the Platform or “mirror” the Platform or any parts thereof on any other server or wireless or internet-based device, including reproducing any third party product content and reviews, for republication in any format or media; or navigational structure or presentation of the Platform or its content elsewhere; (c) conduct data mining or scraping activities; and (d) disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, the Platform or any software or services made available on or through the Platform; 26.1.12 You will not utilise modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud Yummi Hero or to disrupt the natural functions of the Application; 26.1.13. You will not use the Application for sending or storing any unlawful material or for fraudulent purposes; 26.1.14. You will not use the Application and/or the Software to cause nuisance or behave in an inappropriate or disrespectful manner towards Yummi Hero or any third party; 26.1.15. You will provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of the Agreement. You agree that Yummi Hero may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, Yummi Hero has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice; 26.1.16. You will only use an access point or data account which you are authorized to use; 26.1.17. You agree that the Service is provided on a reasonable effort basis; 26.1.18. You agree that your use of the Service will be subject to Yummi Hero’s Privacy Policy; 26.1.19. You agree to assist Yummi Hero with any internal or external investigations as may be required by Yummi Hero in complying with any prevailing laws or regulations in place; 26.1.20. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Yummi Hero or any other party as a result of your breach of this Agreement; 26.1.21. You provide us the phone numbers of Yummi Hero users and other contacts in your mobile phone address book on a regular basis. You confirm that you are authorised to provide us with such numbers to enhance your use of the Service. 26.1.22.You are aware that when requesting Solutions by SMS or by using the Service or accessing the Platform, standard telecommunication charges will apply; 26.1.23. You agree that Yummi Hero may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of transaction and deactivate or restrict access to your user account; and 26.1.24. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Yummi Hero or any other party as a result of your breach of this Agreement. 27. INDEMNITY You agree to indemnify, defend and hold harmless Yummi Hero, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) the Yummi Hero Guarantee, (b) the hosting, operation, management and/or administration of the Services by or on behalf of Yummi Hero, (c) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein, (d) your use or misuse of the Services, or (e) your breach of any law or any rights of a third party. 28. SEVERABILITY If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction. 29. GOVERNING LAW These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Singapore without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed. Unless otherwise required by applicable laws, any dispute, controversy, claim or difference of any kind whatsoever shall arising out of or relating to these Terms of Service against or relating to Yummi Hero or any Indemnified Party under these Terms of Service shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Section. There will be one (1) arbitrator and the language of the arbitration shall be English. 30. GENERAL PROVISIONS 30.1 Yummi Hero reserves all rights not expressly granted herein. 30.2 Yummi Hero may modify these Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site after such changes have been posted shall constitute your acceptance of such revised Terms of Service. 30.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations. 30.4 Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and Yummi Hero, nor does it authorise you to incur any costs or liabilities on Yummi Hero’s behalf. 30.5 The failure of Yummi Hero at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. 30.6 These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for Yummi Hero's affiliates and subsidiaries (and each of Yummi Hero's and its affiliates' and subsidiaries' respective successors and assigns). 30.7 The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and the Site and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. 30.8 You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the UK Bribery Act, the US Foreign Corrupt Practices Act and the Singapore Prevention of Corruption Act and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements. 30.9 If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Site, please contacts us at: Hello@YummiHero.my. LEGAL NOTICES: Please send all legal notices to Hello@YummiHero.my and Attention it to the “General Counsel”. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP ” OR “CONNECT WITH FACEBOOK” BUTTON BELOW, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.