Last modified: 1st Nov 2022
TERMS OF SERVICE
Section A – General Terms
1.1 Please read these Terms of Service carefully. By using the Service (as defined below), you agree that you have read and understood the terms in these Terms of Service which are applicable to you. These Terms of Service and the Yellowbull Policies (as defined below) constitute a legally binding agreement (“Agreement”) between you and Yellowbull (as defined below). The Agreement applies to your use of the Service provided by Yellowbull. If you do not agree to the Terms of Service please do not use or continue using the Platform (as defined below) or the Service.
1.2 Yellowbull may amend the terms in the Agreement at any time. Such amendments shall be effective once they are posted on http://www.Yellowbull.com.sg or the Application. It is your responsibility to review the Terms of Service and Yellowbull Policies regularly. Your continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.
1.3 If you use the Service in a country other than the country where you registered for the Application (the “Alternate Country“), you must regularly review the Terms of Service applicable in the Alternate Country which can be found at https://www.Yellowbull.com.sg as it may differ from the country where you registered for the Application. By using the Service in the Alternate Country, you agree to be bound by prevailing Terms of Service in the Alternate Country.
1.4 YELLOWBULL IS A TECHNOLOGY COMPANY WHICH PROVIDES A PLATFORM FOR CONSUMERS TO OBTAIN OR PROCURE GOODS AND SERVICES. DEPENDING ON THE GOODS OR SERVICES IN QUESTION, THE GOODS OR SERVICES MAY BE SUPPLIED BY YELLOWBULL OR A PARTNER. WHERE THE GOODS/SERVICES ARE PROVIDED BY A PARTNER, YELLOWBULL’S ROLE IS MERELY TO LINK THE CONSUMER WITH SUCH PARTNERS. YELLOWBULL IS NOT RESPONSIBLE FOR THE ACTS AND/OR OMISSIONS OF ANY PARTNER. PARTNERS SHALL BEAR ALL LIABILITY IN RELATION TO SUCH GOODS/SERVICES. PARTNERS ARE NOT, AND SHALL NOT HOLD THEMSELVES OUT TO BE, AN AGENT, EMPLOYEE OR STAFF OF YELLOWBULL AND THE SOLUTIONS PROVIDED BY PARTNERS SHALL NOT BE DEEMED TO BE PROVIDED BY YELLOWBULL.
In these Terms of Service, the following words shall have the meanings ascribed below:
2.1 “Application” means the relevant mobile application(s) made available for download by Yellowbull (or its licensors) to Consumers and Partners respectively;
2.2 “Consumer” or “User” means any end-user who accesses or uses the Platform to search for and obtain the Solutions;
2.3 “Consumer Charges” or “User Charges” means charges incurred by Consumers for the Solutions obtained through the use of the Service, including any applicable tolls, taxes and any other fees or charges that may be due for a particular use of the Service or Solutions;
2.4 “Yellowbull” / “we” means:
2.4.1 Yellowbulltaxi Pte Ltd in relation to YellowbullTaxi and JustYellowbull;
2.4.2 Yellowbullcar Pte Ltd in relation YellowbullCar, YellowbullShare, JustYellowbull, YellowbullFamily, YellowbullAssist, YellowbullPet, YellowbullHire, YellowbullHitch, YellowbullCoach, YellowbullShuttle, YellowbullShuttle Plus, YellowbullFood, YellowbullExpress, YellowbullMart, YellowbullMart Now and Yellowbull Home Services;
2.4.3 Yellowbulltaxi Pte Ltd and/or Yellowbullcar Pte Ltd in relation to YellowbullAds Shop;
2.4.4 in relation to Yellowbull for Business, the Yellowbull entity stated at the Yellowbull for Business account sign-up page (or if there is no such entity stated, Yellowbulltaxi Pte Ltd and Yellowbullcar Pte Ltd);
2.4.5 YellowbullLink Pte Ltd in relation to YellowbullGifts; and/or
2.4.6 the relevant subsidiary, affiliate, associated company of or entity jointly controlled by Yellowbulltaxi Holdings Pte Ltd.
2.5. “Yellowbull Policies” means the following:
2.5.1 the Privacy Notice;
2.5.2 the YellowbullShuttle booking policy and YellowbullShuttle Plus booking policy each as published in the Application;
2.5.3 the Yellowbull Driver / Delivery Partner Code of Conduct or the Yellowbull Consumers Code of Conduct, as may be applicable; and
2.5.4 all other forms, policies, notices, guidelines, frequently asked questions (FAQs), in-app or website product/service descriptions and information cards, or agreements provided to or entered into by you from time to time;
2.6 “Partner” means the independent third parties (who are not Yellowbull) who provide the relevant Solutions to Consumers through the Service, including (a) driver-partners, delivery-partners, (b) merchant-partners such as YellowbullFood and/or YellowbullMart Merchants, and (c) any other relevant goods and services providers;
2.7 “Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, personal interests, email address, your image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information;
2.8 “Platform” means the Application, Software and any other platform, portal or website which Yellowbull owns, operates or otherwise makes available to Consumers and/or Partners for the purposes of or in connection with the Service and/or Solutions;
2.9 “Platform Content” means any content as made available on the Platform or any part thereof;
2.10 “Privacy Notice” means our Privacy Notice accessible at: https://www.Yellowbull.com/sg/privacy/ as amended from time to time;
2.11 “Rectification Measure” has the meaning ascribed to it in Clause 29.2 of Section A;
2.12 “Service” means the linking of Consumers to Partners or other Consumers to facilitate the Solutions;
2.13 “Software” means any software in connection with the Application, Service and/or Solutions which is made available by Yellowbull;
2.14 “Solutions” means the transportation, logistics, food and beverage, groceries and/or other products and services which are made available to Consumers through the following offerings:
2.14.1 Any such other offerings which Yellowbull may make available from time to time; and
2.15 “you” refers to the Partner and/or Consumer as may be applicable.
3.1 By using the Service and/or Platform, you represent, warrant and undertake that:
3.1.1 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;
3.1.2 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 Yellowbull 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, Yellowbull has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
3.1.3 You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require;
3.1.4 You will only use an access point or account which you are authorized by Yellowbull to use;
3.1.5 You acknowledge and agree that only one (1) account can be registered on one device, except as otherwise permitted by Yellowbull;
3.1.6 You will keep your account password or any identification we provide you which allows access to the Service secure and confidential;
3.1.7 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;
3.1.8 You agree to notify us immediately of any unauthorized use of your account or any other breach of security;
3.1.9 When using the Service/Platform, you agree to comply with all laws applicable to you and/or your use of the Service/Platform;
3.1.10 You will only use the Platform and Service for their intended and lawful purposes;
3.1.11 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, libelous, 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;
3.1.12 You will not attempt to commercially exploit any part of the 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 Yellowbull. 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, unless an exception applies under applicable law; 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;
3.1.13 You will not utilise modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud Yellowbull or to disrupt the natural functions of the Platform;
3.1.14 You will not use the Platform for sending or storing any unlawful material or for fraudulent purposes;
3.1.15 You will not use the Platform to cause nuisance or behave in an inappropriate or disrespectful manner towards Yellowbull or any third party;
3.1.16 You agree that the Service is provided on a reasonable effort basis;
3.1.17 You agree that your use of the Service will be subject to the Yellowbull Policies as may be amended from time to time;
3.1.18 You agree to assist Yellowbull with any internal or external investigations as may be required by Yellowbull in complying with any prevailing laws or regulations in place;
3.1.19 You provide us the phone numbers of Yellowbull 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 the Service/Platform for your use or such other purpose as we may communicate to you before or at the point of provision;
3.1.20 You are aware that when requesting Solutions by SMS or by using the Service or accessing the Platform, standard telecommunication charges will apply;
3.1.21 You agree that Yellowbull 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
3.1.22 You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Yellowbull or any other party as a result of your breach of this Agreement.
3.2 If you are a Partner, you further represent, warrant and undertake that:
3.2.1.You possess all the appropriate licenses, approvals, permits, consents, authority and mandatory insurance policies related to or in connection with your provision of the Solution(s) in the jurisdiction in which you use the Service;
3.2.2 If applicable, you own, or have the legal right and authority to operate, and you have all appropriate licences and approvals in respect of, any vehicle, equipment, premises or any other matter or thing which is involved or used in the course of your provision of the Solution(s);
3.2.3 If applicable, you have a valid policy/ies of liability insurance (in industry-standard coverage amounts) in connection with your provision of the Solution(s);
3.2.4 You shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage which is due to or is alleged to be a result of the Solution(s) provided by you;
3.2.5 You shall obey all local laws related to your provision of the Solution(s) and will be solely responsible for any violations of such local laws;
3.2.6 You shall not contact Consumers for purposes other than in connection with the Service;
3.2.7 You shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Platform, or any Consumers, including without limitation any user account not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Platform;
3.2.8 You are aware that when responding to Consumers, standard telecommunication charges may apply which shall be solely borne by you;
3.2.9 If you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to the Agreement;
3.2.10 You agree that you are forbidden from giving out coupons and suggesting any other form of discounts to the Consumers. You are strictly forbidden to use the Service and Platform for other purposes such as but not limited to data mining of Yellowbull’s information or information related to the Platform or the Service, unless an exception applies under applicable law. A breach hereof constitutes a grave offence and may be treated as industrial espionage or sabotage, and Yellowbull reserves the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Service/Platform other than for the purpose for which it is intended to be used; and
3.2.11 Without prejudice to any other provisions, information which you have submitted to us for your registration as a Partner on the Platform, which may include your personal data as described in the Privacy Notice, may be linked to the account on the Platform or otherwise be temporarily displayed in the course of the Services on the Platform. You hereby give your consent to such use of information for the purposes of the Solutions, and to facilitate your use of the Platform. Your use of the Platform or any part thereof may be monitored by us or a third party service provider to provide you with information on your business and account as well as better services. You further agree that any personal data you receive via the Platform or otherwise in connection with the Solutions shall only be used for the direct and specific purpose for which you are originally provided the personal data, and such personal data shall be deleted or anonymized once the personal data is no longer required to be retained for the said purpose. For the avoidance of doubt, when you are provided with personal data of a Consumer via the Platform for the purposes of obtaining prior confirmation to amend an order placed, you shall only use the personal data provided for that sole purpose and remove it as soon as you no longer need the data for that purpose.
3.3 If you are a Consumer, you further represent, warrant and undertake that :
3.3.1 Your use of the Service and Platform is, unless otherwise allowed by Yellowbull, for your own sole, personal use or, where permitted, for the use of another person who is at least twelve (12) years old (“Minor”), in which case you shall assume primary responsibility of the Minor;
3.3.2 If you are using the Service and Platform for the purpose of accessing a personal mobility device (PMD) made available to you, you warrant that you are of full age under the applicable laws to operate the PMD;
3.3.3 Where applicable, you agree to indicate the accurate number of passenger(s) when requesting for the Service.
3.3.4 You further acknowledge and agree that if the information on the number of passengers is untrue or inaccurate, the Partner is entitled to cancel your booking and you may be charged a Cancellation Fee, as per the Cancellation Policy on Yellowbull’s website;
3.3.5 You shall not contact the Partner for purposes other than the Service; and
3.3.6 You shall not intentionally or unintentionally cause or attempt to cause damage to the Partner or any property of the Partner.
Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Platform or part(s) thereof. While we continuously develop the Platform in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Platform is likely to be accessed from, we do not warrant compatibility of the Platform with specific mobile devices or other hardware.
5.1 Yellowbull and its licensors, where applicable, grant you a revocable, non-exclusive, non- transferable, limited license to use and access the Platform to use the Service, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Yellowbull and its licensors.
5.2 You shall not:
5.2.1 post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; or
5.2.2 remove any copyright, trademark or other proprietary rights notices contained on the Platform.
6.1 Payment Terms for Partners (Driver-partners/Delivery-partners)
6.1.1 Yellowbull charges a fee for your use of the Service (“Service Fee”). The Service Fee may be up to 20% of the Consumer Charges unless otherwise communicated to and accepted by you before you commence provision of the Solution(s). The Service Fees are payable by you immediately and are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate your access to the Platform, our decision to terminate or suspend your access to the Platform, disruption caused to the Service whether planned, accidental or intentional, or any reason whatsoever.
6.1.2 YOU ACKNOWLEDGE AND CONFIRM THAT YELLOWBULL MAY ADMINISTER AND ACT AS YOUR COLLECTION AGENT TO PAY TO YOU THE TOTAL AMOUNT OF CONSUMER CHARGES DUE TO YOU IN RESPECT OF YOUR PROVISION OF THE SOLUTION.
6.1.3 Yellowbull retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where you and/or the Consumer have breached any of the Terms in this Agreement. In such an event, you shall not hold Yellowbull liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to you.
6.1.4 Yellowbull may, at its sole discretion, make promotional offers with different features and different rates on the Solutions to any of the Consumers whereby these promotional offers shall accordingly be honored by you. Yellowbull may change the Service Fee at any time at its sole discretion.
6.1.5 Driver’s Cash Balance: Yellowbull shall administer payments to you and from you by way of a wallet system (the “Driver’s Cash Balance“). Your earnings will be displayed in the Driver’s Cash Balance in the Application and may be withdrawn by you to your designated bank account, or where available, to your Driver YellowbullPay Wallet, or to such other recipient accounts as are made available in the Application. Yellowbull reserves the right to make such deductions from the Driver’s Cash Balance as are provided for in these Terms of Service, as are authorized by you, or as are notified to you via the Application.
6.1.6 Driver’s Credit Balance: In addition to your Driver’s Cash Balance, you must also maintain with Yellowbull a Driver’s Credit Balance. The Driver’s Credit Balance comprises a pre-payment to Yellowbull by you of commissions and other fees and charges applicable under these Terms of Service. You must at all times maintain a minimum credit balance (“Minimum Balance”) in your Driver’s Credit Balance in order for you to use the Service. The amount of such Minimum Balance shall be prescribed by Yellowbull, and shall be notified to you via the Application. It may be changed at any time at Yellowbull’s sole discretion.
6.1.7 You may add funds (“Credits”) to your Driver’s Credit Balance to fulfill the Minimum Balance requirement. The maximum balance you may hold in the Driver’s Cash Balance at any time is S$999.00. Balance may be added in any manner prescribed by Yellowbull from time to time (such as cash reload and credit/debit card payments or transfer from your Driver Cash Balance).
6.1.8 Funds in the Driver’s Credit Balance are not redeemable for cash and cannot be refunded. They cannot be resold, exchanged or transferred for value under any circumstances. The funds shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances. You will not receive interest or other earnings on your Credits. Yellowbull may receive interest on amounts that Yellowbull holds on your behalf. You agree to assign your rights to Yellowbull for any interest derived from your Credits.
6.1.9 Driver’s YellowbullPay Wallet: Where available, driver-partners will be provided with a YellowbullPay stored value facility wallet. This wallet may be used to receive funds withdrawn from the Driver’s Cash Balance pursuant to Clause 6.1.4 above, as well as make payments, remittances and transfers of funds to other Consumers. Usage of your Driver’s YellowbullPay Wallet will be governed by the YellowbullPay Terms of Service, accessible via the https://www.Yellowbull.com/sg/terms/ website.
6.2 Payment Terms for Consumers:
6.2.1 Consumers are required to make full payment of the Consumer Charges for all services offered in the Application by the method selected at the time of booking, which may be cash, or one of the automated payment methods available to you on the Application. Any payment pursuant to such selection is non-refundable and irrevocable.
6.2.2 Automated payment may be made by credit card and or debit card, by YellowbullPay, alternative e-Wallets or by PayLater or where available by such other methods as are made available in the Application. The terms of these non-cash payments made by you through the Application will be governed by the YellowbullPay Terms of Service, accessible via the https://www.Yellowbull.com/sg/terms/ website.
6.2.3 If the tipping feature is available, you may have the option to pre-set a default “tip” amount of your choosing when you register for the Service. This will automatically be included in the Consumer Charges after the Solution has been provided and given to the Partner unless you choose to change the amount or remove the tip.
7.1 Cancellation Terms for Partners:
7.1.1 Consumers rely on you for delivery or provision of the Solutions. You agree that high and/or frequent cancellation rates or ignoring the Consumers’ bookings will impair the Consumers’ experience and negatively impact the reputation and branding of Yellowbull.
7.1.2 While you may cancel a booking, the cancellation shall be based on acceptable cancellation reasons as shown in the Application. Yellowbull reserves the right to amend the acceptable cancellation reasons from time to time. A cancellation that is not based on one of the acceptable reasons or ignoring a booking may be counted in determining if your access to the Service will be temporarily restricted.
7.2 Cancellation Terms for Consumers (Transportation Solutions):
7.2.1 Unless otherwise stated in any Yellowbull Policy, you may cancel your request for transportation services at any time before you commence your ride with the Partner that has been matched with you by the Service.
7.2.2 If you decide to cancel your ride booking or do not show up at the designated location, you may be charged a Cancellation Fee or such other Cancellation Fee as Yellowbull may notify from time to time via the Cancellation Policy on Yellowbull’s website.
7.2.3 If you feel you were incorrectly charged a Cancellation Fee, you may contact Yellowbull via Help Centre on Yellowbull’s website for assistance. Yellowbull reserves its absolute discretion to any refunds to you and such refunds may be credited to the payment card you used for the journey, or to your YellowbullPay Wallet or by such other method as is deemed reasonable by Yellowbull.
8.1 If indicated as such during your use of the Application, you will automatically be a member of the loyalty programme named “YellowbullRewards Loyalty Programme” operated by Yellowbull and/or its affiliate companies.
8.2 From time to time, Yellowbull may run marketing and promotional campaigns which offer voucher codes, discounts, subscription plans or other promotional offers to be used on the Platforms (“Vouchers“). Vouchers are subject to validity periods, redemption periods, limits and/or other availability. Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers. Unless otherwise stated, Vouchers can only be used on our Platforms. Vouchers are non-transferable, non-exchangeable, non-refundable and cannot be exchanged for cash. Yellowbull may withdraw, amend and/or alter any applicable terms and conditions of the promotions or subscriptions at any time without prior notice. Yellowbull may also void, discontinue or disqualify you from any promotion or subscription plan without prior notice in the event that that you breach any part of these Terms of Service.
9.1 Consumers and Partners may be allowed to rate each other in respect of Solutions provided.
9.2 Every rating will be automatically logged onto Yellowbull’s system and Yellowbull may analyse all ratings received. Yellowbull may take all appropriate actions including suspending your use of the Service without any notice or compensation to you.
10.1 Any complaints between Partners and Consumers must be taken up with each other directly.
11.1 Where applicable, you shall be responsible for the cost of repairing any damage to or necessary cleaning of the Partner’s property as a result of your misuse of the Service or breach of the Terms of Service herein. Yellowbull may facilitate payment for reasonable cost of such repair or cleaning on behalf of the Partner via your designated payment method or demand from you in cash, in the event a request for repair or cleaning request by the Partner has been verified by Yellowbull.
12.1 Yellowbull and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Platform and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service and/or any Solution. The Terms of Service do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service and/or the Platform, or any intellectual property rights owned by Yellowbull and/or its licensors. Yellowbull’s name, Yellowbull’s logo, the Service, the Platform and any third parties’ logos and the product names associated with the Software and/or the Platform are trademarks of Yellowbull or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term “Platform” shall include its respective components, processes and design in its entirety.
13.1 You agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend Yellowbull to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.
13.2 If you are a Partner, you are accountable for paying any tax and statutory contributions due in respect of sums payable to you under or in connection with this Agreement.
14.1 You shall maintain in confidence all information and data relating to Yellowbull, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of Yellowbull (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from Yellowbull, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without Yellowbull’s prior written consent, disclose such information to any third party nor use it for any other purpose.
14.2 The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:
14.2.1 was at the time of receipt already in your possession;
14.2.2 is, or becomes in the future, public knowledge through no fault or omission on your part;
14.2.3 was received from a third party having the right to disclose it; or
14.2.4 is required to be disclosed by law.
15.1 Yellowbull collects and processes your Personal Data in accordance with its Privacy Notice. The Privacy Notice applies to all of Yellowbull’s Services and its terms are made a part of this Agreement by this reference.
15.2 Where applicable, you agree and consent to Yellowbull, its subsidiaries and any of its affiliate companies collecting, using, processing and disclosing Personal Data as further described in our Privacy Notice.
15.3 You acknowledge that Yellowbull may disclose Personal Data of other individuals to you in the course of your use of Yellowbull’s Services. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by Yellowbull, and not for any other unauthorized purposes.
16.2 Yellowbull may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. If you do not wish to receive such advertising and marketing, please refer to our Privacy Notice for instructions to unsubscribe or update your privacy settings.
16.3 You agree and allow Yellowbull to compile and release information regarding you and your use of the Service on an anonymous basis as part of a consumer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party you interact with through the Service, Platform and/or advertising or marketing material supplied by third parties through the Service.
16.4 We may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties (“Third Party Links“). Such Third Party Links are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
16.5 You acknowledge that in addition to utilising data from the Data Sources listed in Clause 8 of Section B, the Platform utilises and modifies search results from Google Maps services and content, and that by using the Platform, you agree to comply with (a) the Google Maps/ Google Earth Additional Terms of Services at https://maps.google.com/help/terms_maps.html; (b) the Google Privacy Notice at https://www.google.com/policies/privacy/; and (c) the Google Acceptable Use Policy at https://cloud.google.com/maps-platform/terms/aup/. You further agree that when using the Platform you shall not:
16.5.1 copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble or otherwise attempt to extract any of the source code of Google Maps;
16.5.2 sublicense, transfer or distribute Google Maps;
16.5.3 sell, resell or otherwise make Google Map available to a third party as part of a commercial offering that does not have material value independent of Google Maps; or
16.5.4 access or use Google Maps in a manner that is illegal or which is likely to result in a circumvention of any fees payable to Google.
16.6 Save for factual, truthful and not misleading references through a plain text link to http://www.Yellowbull.com.sg or URL(s) which Yellowbull may specifically provide you with, any linking to the Platform or any part thereof is strictly prohibited in the absence of prior approval by Yellowbull. Notwithstanding any other provisions, any website, software, platform or other device that links to the Platform or any part thereof is prohibited from (a) replicating any Platform Content, (b) using a browser or border environment around the Platform Content, (c) implying in any fashion that Yellowbull is endorsing it or its products or services, (d) misrepresenting any state of facts, including its relationship with Yellowbull, (e) presenting false information about products or services of Yellowbull, and (f) using any logo or mark of Yellowbull without prior written approval from Yellowbull.
17.1 By agreeing to the Terms of Service upon using the Service or accessing the Platform, you agree that you shall indemnify and hold Yellowbull, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Platform and/or any part thereof in your dealings with the Partners or Consumers (as the case may be), third party merchants, providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Service, any third party terms and conditions or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including Partners or Consumers arranged via the Service, or (d) your use or misuse of the Service, the Platform and/or any part thereof, or (e) where applicable, your ownership, use or operation of any property, including your provision of Solutions to Consumers via the Service.
18.1 Yellowbull makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service, Software, Application or Platform. Yellowbull does not represent or warrant that (a) the use of the Service, Software, Application or Platform will be secure, uninterrupted, free of errors or other harmful components, or operate in combination with any other hardware, software, system or data, (b) will meet your requirements or expectations, (c) any stored data will be accurate or reliable, or (d) the quality of any products, services, information or other materials purchased or obtained by you through the Platform will meet your requirements or expectations. The Service and the Platform are provided to you strictly on an “as is” basis. All conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded to the extent permissible by law.
18.2 Yellowbull makes no representation or warranty of any kind whatsoever, express or implied, in respect of Solutions provided by Partners or any Solutions procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Service and any Solution provided by Partners and shall have no recourse to Yellowbull in respect of the same.
18.3 Where applicable, Yellowbull’s role as collection agent is solely mechanical and administrative in nature and Yellowbull does not owe to you a duty of care or any fiduciary duties.
THE SERVICE, PLATFORM, APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE PARTNER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. YELLOWBULL IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.
20. Limitation of Liability
20.1 UNLESS OTHERWISE STATED, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS AGAINST YELLOWBULL BY YOU SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILISING THE SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS. YELLOWBULL AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE OR SOLUTION, INCLUDING BUT NOT LIMITED TO:
20.1.1 LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;
20.1.2 THE USE OR INABILITY TO USE THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;
20.1.3 ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING; OR
20.1.4 AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY CONSUMER, PARTNER, MERCHANT, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE PLATFORM OR IS REFERRED TO BY THE SERVICE AND/OR THE PLATFORM,
EVEN IF YELLOWBULL AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
20.2 YELLOWBULL DOES NOT WARRANT OR REPRESENT THAT IT ASSESSES OR MONITORS THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY CONSUMERS OR PARTNERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE YELLOWBULL FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE CONSUMERS OR PARTNERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS.
20.3 YELLOWBULL WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND CONSUMERS OR PARTNERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS. UNLESS YOU ARE A CORPORATE CONSUMER WITH A CURRENT CORPORATE ACCOUNT WITH YELLOWBULL, YELLOWBULL CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE PARTNERS, INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE AND/OR THE PLATFORM (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE YELLOWBULL FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE AND/OR THE PLATFORM, OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE AND/OR THE PLATFORM.
20.4 THE QUALITY OF THE SOLUTIONS SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE PARTNER WHO ULTIMATELY PROVIDES SUCH SOLUTION TO THE CONSUMER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO SOLUTIONS THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.
22.1 Yellowbull may give notice through the Platform, electronic mail to your email address in the records of Yellowbull, or by written communication sent by registered mail or pre-paid post to your address in the records of Yellowbull. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to Yellowbull (such notice shall be deemed given when received by Yellowbull) by letter sent by courier or registered mail to Yellowbull using the contact details as provided in the Platform.
23.1 Unless otherwise stated herein, these Terms of Service as modified from time to time may not be assigned by you without the prior written approval of Yellowbull but may be assigned without your consent by Yellowbull. Any purported assignment by you in violation of this section shall be void.
24.1 These Terms of Service shall be governed by Singapore law, without regard to the choice or conflicts of law provisions of any jurisdiction.
24.2 Any disputes, actions, claims or causes of action arising out of or in connection with these Terms of Service (“Disputes“) or the Service shall be referred to the Singapore International Arbitration Centre (“SIAC”), in accordance with the Rules of the SIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of you and Yellowbull (the “Arbitrator”). If you and Yellowbull are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of SIAC in accordance with the Rules. The seat and venue of the arbitration shall be Singapore, in the English language and the fees of the Arbitrator shall be borne equally by you and Yellowbull, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
24.3 Notwithstanding the above, if you are a Partner, you may choose to submit a Dispute for mediation at the Singapore Mediation Centre and/or Small Claims Tribunal, subject to their respective rules and guidelines.
25.1 Nothing contained in these Terms of Service shall be construed as creating any agency, partnership, or other form of joint enterprise with Yellowbull.
26.1 If any provision of the Terms of Service is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.
27.1 The failure of Yellowbull to enforce any right or provision in the Terms of Service shall not constitute a waiver of such right or provision.
28.1 This Agreement comprises the entire agreement between you and Yellowbull in relation to the matters stated herein and supersedes any prior or contemporaneous negotiations or discussions, save where mutually agreed otherwise. For the avoidance of doubt, where you have entered into a separate written agreement with Yellowbull which incorporates a reference to these Terms of Service, these Terms of Service shall be applicable in addition to the said written agreement. In the event there are inconsistencies between these Terms of Service and the separate written agreement, you agree to work with Yellowbull in good faith to resolve the conflicts or inconsistencies. Certain services made available on the Platform may be subject to additional terms and conditions, which will be communicated to you.
29.1 You agree that we may do any of the following, at any time, without notice:
(i) modify, suspend or terminate operation of or access to the Platform, or any portion of the Platform (including access to your account and/or the availability of any products or services), for any reason;
(ii) modify or change any applicable policies or terms; and
(iii) interrupt the operation of the Platform or any portion of the Platform (including access to your account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes.
We shall not be required to compensate you for any modification, suspension or termination.
29.2 Without prejudice to any other provisions, we may vary, modify or remove Platform Content without notice (including without limitation information relating to the availability of a product or service, product or service descriptions, pricing, promotions, offers, product shipping charges and transit time). In the event any Platform Content contains any typographical errors, inaccuracies, omissions or otherwise violates Yellowbull Policies, we reserve the right to (but shall not be obliged to, save to the extent where mandated by applicable laws) carry out any such measures as Yellowbull deems appropriate (collectively, “Rectification Measure”) including without limitation (i) correcting the said errors, inaccuracies or omissions, (ii) changing or updating information; and/or (iii) where applicable, canceling the affected orders at any time without prior notice (including without limitation after an order has been submitted).
30.1 Except for the parties who are indemnified pursuant to the indemnification provisions set out herein, this Agreement does not give rights to any third parties who are not party to this Agreement.
Section B – Additional Terms
1.1 For Yellowbull Marketplace Consumers:
1.1.1 The Platform allows you to place orders for goods and products (including but not limited to food and beverage) made available for sale on the Platform (“Goods“) from Partners who are merchants or other merchants which at your option when placing the order(s), may be delivered to you by Partners who are delivery-partners or may be made available for self pick-up (if such self pick-up option is available) from the respective merchants during the time period as specified in the Platform or otherwise communicated by Yellowbull. Yellowbull does not control any of these Partners or any Goods or services provided by them. You understand that any order that you place shall be subject to the product availability and location serviceability on the part of the Partners.
1.1.2 All Goods orders and delivery bookings placed on the Platform (“Goods Order”) are treated as confirmed. You shall not be entitled to cancel a Goods Order after it is confirmed (including any address changes initiated via the app chat or call function with the Partner). If you cancel a Goods Order after it has been confirmed, you remain liable to pay the applicable fees for the Goods Order in full regardless of whether it has been prepared or delivered by the relevant Partner. For the avoidance of doubt, where you have opted to self pick-up a Goods Order, you will be deemed to have cancelled the Goods Order by not collecting it within the time period specified in the Platform or otherwise communicated by Yellowbull. Neither Yellowbull nor the Partners shall be responsible to retain the Goods Order for your collection after the said period has lapsed.
1.1.3 Upon your placement of a Goods Order, the relevant Partner(s) may call you on the telephone or mobile number provided or otherwise contact you to confirm the details of the order, any change in the order (for instance, due to unavailability), the price to be paid or any change thereof and/or the estimated delivery time. For the avoidance of doubt, Yellowbull is not involved in and will not be responsible for any such separate arrangement between you and the Partner(s) where such arrangement is not confirmed and recorded on the Platform.
1.1.4 You remain liable to pay the order value in full where (i) cancellation is made by you after the Partner(s) has accepted the order or (ii) you are not present or do not show up at the designated delivery location or the designated self pick-up location or you are unreachable physically or uncontactable: (a) after 5 minutes from the time that the Partner arrives at the designated delivery location; or (b) within the time period as may be communicated by Yellowbull, for self pick-up collection.
1.1.5 Yellowbull and/or the Partner(s) may not process your Goods Order in the event of any of the following:
(a) you are unavailable on the phone at the time of the call for confirming the order or otherwise uncontactable,
(b) if the requested delivery location falls outside the delivery zone offered in the Application,
(c) there is a lack of information, direction or authorization from you at the time of delivery, or
(d) unavailability of items ordered.
1.1.6 The prices of Goods reflected in the Platform are determined solely by the Partner and are listed for information only.
1.1.7 Prices of Goods as reflected in the Platform may, for reasons such as technical issue, typographical error or outdated product information supplied by the Partner, be incorrectly reflected and in such an event the Partner may cancel your order(s). Yellowbull shall in no event be liable for any (direct or indirect) loss arising therefrom.
1.1.8 The Partner shall be solely responsible for any warranty in relation to, and quality of, the Goods sold to you.
1.1.9 You are responsible for ensuring that the details entered by you in respect of the Goods Order on the Platform are accurate and complete. Yellowbull shall not be liable (i) in the event of late delivery or non-delivery of Goods that you order by reason of erroneous delivery details entered by you on the Platform; or (ii) in the event of late or non-collection of the Goods you ordered for self pick-up by reason of erroneous collection details entered by you on the Platform. You acknowledge that in the ordinary course of delivering the Goods, the Partners may disclose your details to the recipient. YellowbullFood and YellowbullMart are not provided as an anonymous service. Therefore, you are solely responsible in determining your choice of the recipient and Yellowbull shall not be liable or responsible for any (direct or indirect) losses suffered by or caused to you or arising out of or in connection with or by reason of your expectation of anonymity through the use of YellowbullFood and/or YellowbullMart.
1.1.10 If you or the intended recipient of the Goods are not at the designated delivery location, the Partner may leave your order unattended on or in front of the premises of the designated delivery location and the Goods shall be deemed to have been delivered. After the delivery of the Goods or collection of the Goods that you ordered for self pick-up, you shall solely be liable for all loss, damage, contamination, soiling or degradation of the Goods (including but not limited to containers and packaging) whether caused directly or indirectly by you or any person acting on your behalf or otherwise.
1.1.11 Persons placing an order for alcohol from any Partner must be at least eighteen (18) years old. Alcoholic beverages can only be sold and delivered to persons who are at least eighteen (18) years old. By placing an order that includes alcohol, you confirm that you are at least eighteen (18) years old. The Partner will have the right to (A) request to be shown your identity document for age verification purposes; and to (B) refuse to deliver or provide any alcoholic product to any person who at the time of delivery or self pick-up (i) does not appear to be at least eighteen (18) years old or (ii) cannot prove that he/she is at least eighteen (18) years old or (iii) is, or appears to be, under the influence of either alcohol or drugs at the time of delivery or self pick-up collection and in such an event you agree that Yellowbull and the Partner(s) shall not be liable to make any refund to you for payment already made by you.
1.1.12 If you wish to use or apply any promotion codes or discounts, you must enter the available promotion codes or discounts at the booking checkout stage of the Goods Order. All promotion codes and discounts are subject to their specific terms and conditions, are mutually exclusive and cannot be combined with other promotions, unless otherwise stated. The price payable for the discounted Goods item may be rounded and will be set out on the checkout page for your Goods Order. You agree that we are not obliged to accept late submission of promotion codes and discounts after the checkout process has been completed. We 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 promotion codes and discounts. We may take any action against you if you have been found to be using any promotion codes and discounts in an illegal or fraudulent manner, including without limitation, suspending or terminating your user account. As a result of arrangements or agreements between you and the Partner(s) pursuant to Clause 1.1.3 above, 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.
1.2 For Yellowbull Marketplace Now Consumers:
1.2.1 The Platform allows you to place orders for Goods which are sold by Yellowbull, which at your option when placing the order(s), may be delivered to you by Partners who are delivery-partners or may be made available for self pick-up (if such self pick-up option is available) during the time period as specified in the Platform or otherwise communicated by Yellowbull. Yellowbull does not control any of these Partners or any services provided by them. You understand that any order that you place shall be subject to the product availability and location serviceability on the part of the Partners.
1.2.2 All Goods Orders are treated as confirmed. You shall not be entitled to cancel a Goods Order after it is confirmed (including any address changes initiated via the app chat or call function with the Partner). If you cancel a Goods Order after it has been confirmed, you remain liable to pay the applicable fees for the Goods Order in full regardless of whether it has been prepared or delivered by the relevant Partner. For the avoidance of doubt, where you have opted to self pick-up a Goods Order, you will be deemed to have cancelled the Goods Order by not collecting it within the time period specified in the Platform or otherwise communicated by Yellowbull. Neither Yellowbull nor the Partners shall be responsible to retain the Goods Order for your collection after the said period has lapsed.
1.2.3 Upon your placement of a Goods Order, Yellowbull and/or the relevant Partner may call you on the telephone or mobile number provided or otherwise contact you to confirm the details of the order, any change in the order (for instance, due to unavailability), the price to be paid or any change thereof and/or the estimated delivery time. For the avoidance of doubt, Yellowbull is not involved in and will not be responsible for any such separate arrangement between you and the Partner where such arrangement is not confirmed and recorded on the Platform.
1.2.4 You remain liable to pay the order value in full where (i) cancellation is made by you after Yellowbull and/or the Partner has accepted the order or (ii) you are not present or do not show up at the designated delivery location or the designated self pick-up location or you are unreachable physically or uncontactable: (a) after 5 minutes from the time that the Partner arrives at the designated delivery location; or (b) within the time period as may be communicated by Yellowbull, for self pick-up collection.
1.2.5 Yellowbull and/or the Partner(s) may not process your Goods Order in the event of any of the following:
(a) you are unavailable on the phone at the time of the call for confirming the order or otherwise uncontactable,
(b) if the requested delivery location falls outside the delivery zone offered in the Application,
(c) there is a lack of information, direction or authorization from you at the time of delivery, or
(d) unavailability of items ordered.
1.2.6 The prices of Goods reflected in the Platform are determined solely by Yellowbull and are listed for information only.
1.2.7 Prices of Goods as reflected in the Platform may, for reasons such as technical issue, typographical error or outdated product information, be incorrectly reflected and in such an event Yellowbull may cancel your order(s). Yellowbull shall in no event be liable for any (direct or indirect) loss arising therefrom.
1.2.8 You are responsible for ensuring that the details entered by you in respect of the Goods Order on the Platform are accurate and complete. Yellowbull shall not be liable (i) in the event of late delivery or non-delivery of Goods that you order by reason of erroneous delivery details entered by you on the Platform; or (ii) in the event of late or non-collection of the Goods you ordered for self pick-up by reason of erroneous collection details entered by you on the Platform. You acknowledge that in the ordinary course of delivering the Goods, the Partner may disclose your details to the recipient. YellowbullMart Now is not provided as an anonymous service. Therefore, you are solely responsible in determining your choice of the recipient and Yellowbull shall not be liable or responsible for any (direct or indirect) losses suffered by or caused to you or arising out of or in connection with or by reason of your expectation of anonymity through the use of YellowbullMart Now.
1.2.9 If you or the intended recipient of the Goods are not at the designated delivery location, the Partner may leave your order unattended on or in front of the premises of the designated delivery location and the Goods shall be deemed to have been delivered. After the delivery of the Goods or collection of the Goods that you ordered for self pick-up, you shall solely be liable for all loss, damage, contamination, soiling or degradation of the Goods (including but not limited to containers and packaging) whether caused directly or indirectly by you or any person acting on your behalf or otherwise.
1.2.10 Persons placing an order for alcohol must be at least eighteen (18) years old. Alcoholic beverages can only be sold and delivered to persons who are at least eighteen (18) years old. By placing an order that includes alcohol, you confirm that you are at least eighteen (18) years old. Yellowbull and/or the Partner will have the right to (A) request to be shown your identity document for age verification purposes; and to (B) refuse to deliver or provide any alcoholic product to any person who at the time of delivery or self pick-up (i) does not appear to be at least eighteen (18) years old or (ii) cannot prove that he/she is at least eighteen (18) years old or (iii) is, or appears to be, under the influence of either alcohol or drugs at the time of delivery or self pick-up collection and in such an event you agree that Yellowbull and the Partner shall not be liable to make any refund to you for payment already made by you.
1.2.11 If you wish to use or apply any promotion codes or discounts, you must enter the available promotion codes or discounts at the booking checkout stage of the Goods Order. All promotion codes and discounts are subject to their specific terms and conditions, are mutually exclusive and cannot be combined with other promotions, unless otherwise stated. The price payable for the discounted Goods item may be rounded and will be set out on the checkout page for your Goods Order. You agree that we are not obliged to accept late submission of promotion codes and discounts after the checkout process has been completed. We 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 promotion codes and discounts. We may take any action against you if you have been found to be using any promotion codes and discounts in an illegal or fraudulent manner, including without limitation, suspending or terminating your user account. As a result of arrangements or agreements between you and the Partner(s) pursuant to Clause 1.2.3 above, 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.
1.3 For YellowbullFood/YellowbullMart/YellowbullMart Now (Delivery-Partners):
1.3.1 Unless otherwise agreed, you shall not accept any delivery item having size, dimensions or weight in excess of the below:
1.3.2 You agree that in the event either the address provided by the Consumer is incorrect or the Consumer is unable, refuses, is not the intended recipient of the Goods and/or is uncontactable after at least three attempts of calling them on the number provided and after waiting for at least five minutes, you shall have the right to leave the Goods at the premises and send a picture or message to the Consumer via the Platform confirming that the Goods have been delivered at the premises.
1.3.3 You undertake to be cautious in dealing with the Goods and to use best endeavours to ensure that the Goods are delivered safely, and in accordance with the instructions given to you by the relevant merchant.
As a Merchant, in addition to provisions applicable to Partners in general and other terms or contracts which you have entered into with Yellowbull, you are subject to the additional terms below.
3.1.1 Creation and Monitoring of Self-funded Marketing Activities
You may be able to create a campaign, participate in promotion or place an order for advertisement(s) on the Platform PROVIDED ALWAYS THAT you agree to bear any and all costs or expenses which may arise in connection with the campaign, promotion and/or advertisement (“Marketing Activity(ies)”). In creating or otherwise indicating consent to participate in a Marketing Activity, you may be required to indicate information such as the type of Marketing Activity, budget for the Marketing Activity and/or the proposed duration for the Marketing Activity. The types of Marketing Activities which you may choose from the Application may be varied from time to time at Yellowbull’s sole discretion, and where provided, suggested or offered, you agree and acknowledge that they are made available on an ‘as-is’ basis.
By creating or participating in any Marketing Activities, you accept the following additional general conditions:
(a) Any information submitted through your account to us (whether via our Application or otherwise), including without limitation the submission of your consent to participate in a Marketing Activity and acceptance of the applicable terms, shall be deemed to have been submitted by you, regardless of whether they are submitted on your behalf by your employee or other individuals. You are solely responsible to ensure that only authorized individuals have access to your account.
(b) Any information you input into the Platform where required or otherwise provided to us must be complete, truthful, accurate and not misleading.
(c) Your intention to create or otherwise indicate consent to participate in a Marketing Activity must be genuine and must not be conducted in a manner which may be misleading to the Consumers. You shall indemnify us in the event where we incur any losses or damages arising from or in connection with the Marketing Activity.
(d) Depending on the type of Marketing Activity elected by you, the way in which we may facilitate the Marketing Activity may differ. You agree that it is your responsibility to review any and all information made available by us to understand how each type of Marketing Activity will be facilitated. If you have any enquiries, you agree that you are responsible to clarify the same with our personnel before creating or otherwise indicating consent to participate in a Marketing Activity. By creating or otherwise indicating consent to participate in a Marketing Activity, you irrevocably agree to the way in which the Marketing Activity will be facilitated.
(e) You shall be responsible to directly handle any complaints or enquiries from Consumers in respect of the Marketing Activity.
(f) In the event where you would like to end, pause or otherwise vary a Marketing Activity (for example, where the discounted item under the Marketing Activity has become out of stock prior to expiry of the said duration, where you would like to cancel the Marketing Activity or vary the budget indicated for the Marketing Activity), you must immediately indicate the same via our Application or otherwise in accordance with the process as may be specified by us. Prior to the completion of the said process, you remain liable to bear any and all costs or expenses incurred in connection with the Marketing Activity and remain responsible to handle any enquiries or complaints from Consumers in respect of or in connection with the Marketing Activity.
(g) Notwithstanding any provision otherwise and in any event, your creation or indication of consent to participate in a Marketing Activity does not indicate our approval that the Marketing Activity is in accordance with the applicable law. You agree that you are solely and entirely responsible for maintaining the confidentiality of the information submitted to us and to ensure that the Marketing Activity is, and will be conducted, in accordance with the applicable law.
(h) While we do not supervise or monitor the Marketing Activity, we reserve the rights to (but are not obliged to) cancel, take down, suspend or otherwise vary the Marketing Activity as we deem fit, without being liable for any damage or loss whatsoever, including any refund of the fee or cost which you have paid for the purposes of the Marketing Activity.
(i) We may make available to you information relating to the Marketing Activity, and such information is considered as part of the Platform Content and is subject to Clause 29.2 of Section A.
(j) You agree to pay to Yellowbull any and all costs and expenses in connection with the Marketing Activity. Notwithstanding any other provisions, you authorise Yellowbull and its affiliates to directly deduct any amount payable by you to Yellowbull or its affiliates, including without limitation the said costs and expenses in connection with the Marketing Activity (“Amount Payable”), from any amount receivable by you as a Partner (including without limitation your balance in the merchant wallet on the Platform) (“Amount Receivable”) prior to crediting the Amount Receivable to the bank account(s) which you have instructed Yellowbull or its affiliates to transfer the Amount Receivable to. We reserve the right to change the payment method or otherwise set off the Amount Payable against your Amount Receivable by providing reasonable notification to you, or to issue an invoice for the Amount Payable where we deem appropriate.
(k) You must notify us immediately if your account has been used without your authorization to create or otherwise indicate consent to participate in a Marketing Activity or where any other breach of security has occurred. In such an event, you agree to indemnify us for any losses or damages that we incur as a result of the unauthorized use (including but not limited to bearing the costs or expenses which have been incurred due to the Marketing Activity created or launched using your account). For the avoidance of doubt, we will not be liable for any losses that you incur as a result of someone else using your account.
(l) You agree that any amount payable to you by Consumers for each Goods Order placed pursuant to the Marketing Activity may be rounded in accordance with our internal policies which we may update from time to time.
3.1.2 Submission and Variation of Content
We do not claim ownership of any content or information that you upload on the Platform or otherwise supply us with. Where you upload or provide us with any content that is covered by intellectual property rights (including without limitation photos or videos), you (a) grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide, perpetual license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content; and (b) undertake that you have the right to grant us such licence.
We may enable you to vary or amend the content or information submitted by you to us (including without limitation information relating to the menu) or certain content submitted by Consumer(s) in order to facilitate the Solution including without limitation detail(s) of an order placed by a Consumer. You acknowledge that any such content or information may be made available in real time to end consumers via the Platform or otherwise, and undertake that you will (and shall be responsible) to handle any complaints or queries by the Consumer(s) in respect of the said content or information without incurring liability on our part. We may, but are not obliged to, review the content or information submitted or amended by you (via the Platform or otherwise) from time to time, and reserve the rights to remove or require amendments to any part of the content or information submitted by you where we deem necessary. For the avoidance of doubt, you shall at all times, ensure that the content or information submitted are not in contravention with the applicable laws and do not infringe any third party rights. In the event where you amend any content submitted by Consumer(s) such as an order placed by a Consumer, you further agree that by amending such content, (1) you have obtained the prior consent or acceptance from the affected Consumer; and (2) Yellowbull is not involved in and will not be responsible for the amendments made by you, though Yellowbull reserves the right to (but is not obliged to) carry out Rectification Measure(s) to correct the amendment(s) made or otherwise resolve dispute or complaint arising from or in connection with the amendment(s) made.
3.1.3 Merchant Access to Yellowbull Platforms
Where you are a Merchant, Yellowbull may allow you to access, view, retrieve, disclose, manage and/or otherwise use (“Use”) information relating to the Service, Solutions and/or other confidential details of your business or relationship with Yellowbull (“Business Information”) via a user account(s) on the Platform(s) (“Account(s)”) as well as to enable other person(s), be it a natural or legal person, authorized by you, your personnel via email correspondence or otherwise confirmed in accordance with the provisions of the separate agreement that you have entered into with Yellowbull (“Merchant Authorized User(s)”), to Use the same via separate Account(s). In such an event, you agree that:
(a) You shall ensure that yourself and each Merchant Authorized User accept and comply with any and all terms, guidelines and policies that are applicable to access or use of the Account(s) and the relevant Platform(s), which may be updated from time to time. This includes without limitation the provisions made available herein, which the Merchant Authorized Users shall comply with as if they are ‘you’.
(b) You are solely responsible to ensure that each Merchant Authorized User has the necessary rights to Use the Business Information; and shall provide Yellowbull with a written notice at least thirty (30) days prior to the termination or expiry of your relationship with the Merchant Authorized User(s); or where any Use by the Merchant Authorized User(s) shall be terminated or suspended for any reason(s). Without prejudice to any other provisions, you acknowledge that pursuant to operational or technical limitations, Yellowbull and/or its affiliate(s) may not be able to terminate or suspend the Merchant Authorized User’s Use in time, in which case, you shall prohibit the Merchant Authorized User(s) from continuing to Use the Account, Business Information, Platform or any part thereof by other means; and Yellowbull and its affiliate(s) shall never be held liable in any manner for the same.
(c) All information that Yellowbull and its affiliate(s) makes available, including without limitation the Business Information, are on an “as is” basis and Yellowbull and its affiliate(s) do not give any warranties or representations (express or implied, and whether on their own behalf or that of their respective directors, officers, employees, agents or advisers) with regard to the accuracy, quality, timeliness, reliability or completeness of the same. You are responsible to make your own evaluation of the information.
(d) You are solely responsible for each Merchant Authorized User’s Account(s) as well as their respective Use of the Business Information, Account(s) and the Platform(s); and Yellowbull and its affiliates shall not be liable for any losses that you incur as a result of the same.
(e) Yellowbull reserves the right, but is not obliged, to require you to provide information on your relationship with each Merchant Authorized User; and to, at its sole absolute discretion, impose additional conditions for the Use or the Platform(s), such as a requirement that an additional fee be paid for the Use, Platform(s) or any part thereof; or terminate or suspend any Merchant Authorized User’s access to the Account(s) and/or Platform(s).