Terms of Service & Privacy Policy

Last updated 4/2/2017

Terms of Service

Introduction

By signing up for the Yuma service ("Service"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). The Services offered by Yuma under the Terms of Service include various products and services to help you create and manage a culinary business; an online menu ("Online Services"). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. Yuma reserves the right to change, modify, alter, add or otherwise update the Terms of Service by posting updates and changes to the Yuma website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. Please read the Terms of Service as well as Yuma’s Privacy Policy carefully before using the Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms of Service. If you do not agree with the Terms of Service, please do not use the Service. These Terms of Service apply to all visitors, users and others who access or use the Service. Everyday language summaries are provided for convenience only and are not legally binding. Be sure to occasionally check back for updates.

Account Terms

You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service. To access and use the Services, you must register for a Yuma account ("Account") by providing your full legal name, phone number, a valid email address, and any other information indicated as required. Yuma may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.

  • You acknowledge that Yuma will use the email address you provide as the primary method for communication.
  • You are responsible for keeping your password secure. Yuma cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
  • You are responsible for all activity and content such as data, graphics, photos and links that are uploaded under your Yuma Account (“Store Content”). You must not transmit any worms or viruses or any code of a destructive nature.
  • A breach or violation of any term in the Terms of Service as determined in the sole discretion of Yuma will result in an immediate termination of your services.
WHICH MEANS

Don’t use Yuma for anything illegal or transmit any harmful code. Remember that with any violation of these terms we will cancel your service. If we need to reach you, we will send you an email.

Account Activation

  • The person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
  • If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
  • Upon completion of sign up for the Service, if you create a menu to sell on Yuma, Yuma will create a Stripe Connected account on your behalf, using your email address.
  • You acknowledge that Stripe Connect will be your default payments gateway(s) and that it is your sole responsibility as the Account Owner to activate and maintain these accounts. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate them.
WHICH MEANS

The person signing up for the Yuma Service is responsible for the account and is bound by these Terms of Service. If you signup on behalf of your employer, your employer owns the account and is also bound by our Terms of Service. We automatically create accounts for you to accept payments. You are responsible for activating and deactivating these accounts.

General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service and the Privacy Policy before you may become a member of Yuma.

  • The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Quebec with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
  • You acknowledge and agree that Yuma may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Yuma’s website, available at https://www.itsyuma.com/terms-and-privacy and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Yuma’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
  • You may not use the Yuma service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Canada and the Province of Quebec.
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Yuma.
  • You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Yuma or Yuma trademarks and/or variations and misspellings thereof.
  • You understand that your Store Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
  • You acknowledge and agree that your use of the Service, including information transmitted to or stored by Yuma, is governed by its privacy policy at https://www.itsyuma.com/terms-and-privacy.
  • Questions about the Terms of Service should be sent to [email protected] .
WHICH MEANS

The Yuma service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose. If a dispute arises the issue will be dealt with in the Province of Quebec. Your content may be transferred unencrypted and may be altered, but credit card information is always encrypted.

Yuma Rights

  • We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  • We reserve the right to refuse service to anyone for any reason at any time.
  • We may, but have no obligation to, remove Store Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  • Verbal or written abuse of any kind (including threats of abuse or retribution) of any Yuma customer, Yuma employee, member, or officer will result in immediate Account termination.
  • Yuma does not always pre-screen Store Content and it is in our sole discretion to refuse or remove any Store Content that is available via the Service.
  • We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Yuma employees and contractors may also be Yuma customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
  • In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
  • Yuma retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Yuma reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
WHICH MEANS

We can modify, cancel or refuse the service at anytime. In the event of an ownership dispute over a Yuma account, we can freeze the account or transfer it to the rightful owner.

Limitation of Liability

  • You expressly understand and agree that Yuma shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
  • In no event shall Yuma or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site/application, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Yuma partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
  • Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
  • Yuma does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
  • Yuma does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
  • Yuma does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
WHICH MEANS

We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued. Service is “as is” so it may have errors or interruptions and we provide no warranties.

Waiver and Complete Agreement

The failure of Yuma to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Yuma and govern your use of the Service, superseding any prior agreements between you and Yuma (including, but not limited to, any prior versions of the Terms of Service).

WHICH MEANS

If Yuma chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later. These terms of service make up the agreement that applies to you. This means that any previous agreements between you and Yuma do not apply if they conflict with these terms.

Intellectual Property and Customer Content

  • We do not claim any intellectual property rights over the material you provide to the Yuma service. All material you upload remains yours. You can remove your Yuma store at any time by removing your menus.
  • By uploading Store Content, you agree: (a) to allow other internet users to view your Store Content; (b) to allow Yuma to display and store your Store Content; and (c) that Yuma can, at any time, review all the Store Content submitted by you to its Service.
  • You retain ownership over all Store Content that you upload to a Yuma store; however, by making your store public, you agree to allow others to view your Store Content. You are responsible for compliance of Store Content with any applicable laws or regulations.
  • You retain ownership over all content that you submit to a Yuma store however, by making your store public, you agree to allow others to view your content.

We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.

Privacy Policy

Introduction

This Privacy Policy was written to help you better understand how we collect, use and store your information. Since technology and privacy laws are always changing, we may occasionally update this policy. If a significant change is made, we will be sure to post a notice on our home page. If you continue to use Yuma after these changes are posted, you agree to the revised policy. By signing up for any of the products or services offered by Yuma (together, the “Services”), or dealing with a merchant using Yuma Services, you are agreeing to the terms of this Privacy Policy and, as applicable, the Yuma Terms of Service. This policy is a legally binding agreement between you (and your client, employer or another entity if you are acting on their behalf) as the user of the Services (referred to as “you” or “your”) and Yuma (referred to as “we”, “our”, “us” or “Yuma”). If we add any new features or tools to our Services, they will also be subject to this policy. We will keep your Personal Information accurate, complete and up-to-date with the information that you provide to us. If you request access to your Personal Information, we will inform you of the existence, use and disclosure of your Personal Information as allowed by law, and provide you access to that information. When we use the term “Personal Information” in this policy, it means any information related to an identifiable individual, but does not include the name, title, business address, or telephone number of an employee of an organization.

Information for Caterers

What information do we collect from caterers and why?
  • We collect your name, company name, address, email address, phone number(s) and bank account details. We need this information to provide you with our Services, for example, to confirm your identity, contact you, and invoice you.
  • We collect data about the Yuma webpages that you visit and how and when you access your account, including information about the device and browser you use, your network connection and your IP address. We need this information to give you access to and improve our Services.
  • Upon completing the sign-up process for the Services and depending on your location and how you use the Service, we may create a Stripe Connected account on your behalf. If you want money transfers to your bank, (applicable only to Canada and US), we collect your business address, business type, business ID number, date of birth (if you are an individual business owner), bank account information and government identification information, such as your Social Security Number or your Social Insurance Number. We need this information to create or complete a Stripe Connected account for you, to provide you with payment transfer, including fraud and risk monitoring, and to comply with applicable legal and regulatory requirements.
  • We collect Personal Information about your customers that you share with us or that customers provide while shopping or during checkout. We use this information to provide you with our Services and so that you can process orders and better serve your customers.
  • We will also use Personal Information in other cases where you have given us your express permission.
When do we collect this information?

We collect Personal Information when you sign up for our Services, when you access our Services or otherwise provide us with the information.

Information for Clients

What information do we collect from caterers and why?

We collect our merchants’ customers’ name, email, delivery address, payment details, phone number and device data. We need this information to provide merchants with our Services, including supporting and processing orders, authentication, and processing payments. This information is also used to improve our Services.

When do we collect this information?

Information is collected when a customer uses or accesses our Services, such as when a customer places an order or otherwise provides the information upon sign up or when logged into the site/application.

When do we collect this information?
  • We will continue to store archived copies of your Personal Information for legitimate business purposes and to comply with the law.
  • We will continue to store anonymous or anonymized information, such as website visits, without identifiers, in order to improve our Services.
What we do not do with your Personal Information

We do not and will never share, disclose, sell, rent, or otherwise provide Personal Information to other companies for the marketing of their own products or services.

How do we protect your information across borders?

Yuma remains responsible for Personal Information that is transferred to a third party abroad for processing or to support our efforts. Any Personal Information transferred to a third party for data processing is subject, by law, to a comparable level of protection as that provided by Yuma. A “comparable level of protection” means a level of protection generally equivalent to that provided by Yuma.

Access to your Personal Information

You retain all rights to your Personal Information and can access it anytime. In addition, Yuma takes reasonable steps to allow you to correct, amend or delete personal information that is shown to be inaccurate or incomplete. If you have any questions about your Personal Information or this policy, please contact: [email protected].