Terms and condition
Terms and Conditions of Use of the Yowww Platform
CONTRACTUAL RELATIONSHIP:
These Terms and Conditions to use the Yowww Platform (hereinafter the " Terms " and/or " Conditions ", interchangeably) regulate the access or use that you make, as a person, from the Indian country of the Yowww platform, composed of an application for mobile devices and a website (hereinafter "the service" or "the services" ), made available by Top Right Technologies (hereinafter, "Yowww") , a commercial company incorporated under the laws of the Ministry of Corporate affairs, with registered office at Unit 101, Oxford Towers, 139, HAL Old Airport Rd Kodihalli, Bangalore, Karnataka, India
DEFINITIONS:
1. Restaurant Merchant: Authorised partner who can list the restaurant and their products to the customers through Yowww Platform.
2. Check out: A screen on the Yowww Platform shows a summary of each order before it's finalized. This summary breaks down the total amount the user needs to pay.
3. Cookies: We may use third-party services (e.g., analytics and advertising partners) that place cookies on your device. These third parties have their own cookie policies, and we encourage you to review them.
4. Consumer(s) and/or User(s): Person who accesses and/or uses the Yowww Platform to order food displayed, offered and marketed by restaurant partners.
5. Personal Data: Any information that allows a person to be identified or made identifiable.
6. Advertising : Any form of communication carried out by Yowww, with the purpose of providing information about products, commercial activities and communicating advertising or marketing strategies or campaigns, its own or those of third parties; carried out as a reference mechanism and not as a public offer.
7. Yowww: Legal entity under the corporate name “Top Right Technologies Pvt Ltd”.
8. Delivery Person: Person who is appointed to manage the order placed by the User/Consumer through the Yowww Platform.
9. Processing: Any operation or set of operations on personal data, by any means. Use covers any action of access, collection, storage, circulation, handling, use, transfer or disposal of personal data.
10. Pop-Ups: Internet window or notice that automatically appears at any time when using the Platform, especially used for the formalization of the mandate contract entered into by electronic means between Users/Consumers and Independent Delivery Persons.
Please read these terms carefully before accessing or using the services.
By accepting these Terms and Conditions, access to and use of the Yowww Platform Services is regulated, as they establish a contractual relationship between you and Yowww. If you do not accept these Terms and Conditions, you will not be able to access or use the Yowww Platform Services. These Terms and Conditions expressly replace any prior agreements or commitments between the Parties. Yowww may immediately terminate these Terms and Conditions or any of the Services with respect to you or, in general, stop offering or deny access to the Services or any part thereof, at any time and for any reason unilaterally.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity, or promotion, and such supplemental terms will be communicated to you in connection with the applicable Services. Supplemental terms are set forth in addition to, and shall be deemed an integral part of, the Terms and Conditions for the purposes of the applicable Services. In the event of any inconsistency or conflict between the Terms and Conditions and the supplemental terms, the supplemental terms shall prevail.
Yowww may modify the Terms and Conditions relating to the Services at any time when it deems appropriate. Modifications will be effective upon Yowww's publication of such updated Terms and Conditions at this location or modified policies or supplementary conditions on the applicable Service. The User/Consumer's continued or periodic access or use of the Services after such publication constitutes the manifestation of his/her will and express consent to be bound by the Terms and Conditions, as well as any of their modifications.
Yowww's collection and use of personal information in connection with the Services is carried out in accordance with Yowww's Privacy Policy, available at all times at https://www.Yowww.in accepting these Terms, the User/Consumer authorises Yowww to provide a claims processor or an insurer with any necessary information (including your contact information) if there are complaints, disputes or conflicts, which could include a breach of contract, involving you and a third party and such information or data is necessary to resolve the complaint, dispute or conflict.
3. LEGAL NATURE:
These Terms and Conditions of use of the Yowww Platform regulate the commercial contractual relationship that binds the Users/Consumers who access and/or use the online Platform, especially in the authorization of use that the latter grants in favour of the former as well as the use that the Users/Consumers give to the Platform.
4. PURPOSE:
These Terms and Conditions regulate the authorization of use that Yowww grants to Users/Consumers, so that they can access the online Platform, be informed about the products and services displayed, offered and marketed by the Commercial Partners, and can acquire them through the online Platform.
5. MODIFICATION:
Yowww may freely modify at any time the formal, procedural or substantial aspects of these Terms and Conditions of use of the Platform, which will be updated and made available to Users/Consumers on the Platform, with the latest published version being the one that will immediately regulate the commercial relations that are generated at the time of the transaction.
Likewise, it has full autonomy to modify the uses of the Platform permitted to Users/Consumers, with the sole duty of informing them through an online medium that allows its publication and communication to the general public.
6. LICENSE:
Subject to compliance with these Terms and Conditions, Yowww grants Users/Consumers a limited, non-exclusive, revocable, non-transferable license to: (i) access and use the Applications on the User/Consumer's personal device solely in connection with their use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for their personal, non-commercial use. Yowww and its licensors reserve any rights not expressly granted by these Terms and Conditions.
7. MEANS OF USE:
It is a platform that allows free use through various means, namely:
i) web portal www.Yowww.in, and
ii) application that can be downloaded to mobile devices through online application stores of Apple (“ App Store ”) and Google (“ Google Play ”), means that hereinafter and for the purposes of these terms will be jointly referred to as the “Platform”.
the Independent Delivery Person, who acts independently and under no circumstances can be understood as an employee of Yowww or its affiliates.
8. PURPOSE OF THE SERVICES:
The User/Consumer expressly acknowledges by accepting these Terms and Conditions of use of the Platform that Yowww will not be responsible at any time for any product quantity and quality that the Users/Consumers require and acquire through the Platform. Likewise, Yowww will not be able to observe and verify the correct functioning of the Platform in relation to any other product other than those displayed on the Platform.
Delivery staff, having the capacity to contact, access the Platform and agree to manage the orders requested by Users/Consumers, understanding that such acceptance is purely voluntary and unrelated to Yowww.
9. USER/CONSUMER ACCOUNT:
Users/Consumers, create their user account using the basic details name, mobile number and email address, for which the Platform will communicate this option for the authentication with OTP.
Once the information required to use the Platform has been provided, Yowww will validate the username and password to access and/or use the Platform.
Users/Consumers can provide additional personal information beyond the mandatory and optional details required at registration. They can enhance their individual profiles on the Platform with more personalized data.
The use of the User Account is personal and non-transferable, therefore Users/Consumers are not authorized to transfer the validation data for access to the Platform. In the event of forgetting the validation data or its usurpation, it is the User/Consumer's obligation to inform Yowww through the " forgot your password " option or through a communication sent to the email address: reachus@Yowww.com
User accounts will be managed by Yowww at its discretion or by the person it designates, having full authority to maintain the account, when the information provided by the Users/Consumers is not true, complete or secure; or when there is a breach of the obligations of the Users/Consumers, Yowww has all the rights to terminate/block the account without any prior notice to the consumers/users/restaurant merchants
At no time will Yowww request information from the User/Consumer that is NOT necessary for their account creation with the Delivery Person and to facilitate payment, so debit or credit card information will only be requested at the time of making the online payment if the User/Consumer so determines. This data will not be stored by Yowww, it will be registered directly in the corresponding Payment Gateway, and will be used directly by the User/Consumer therein, where the security and privacy conditions under which it is carried out will be reported. By creating the User Account, Users/ Consumers are expressing their will to expressly and unequivocally accept these Terms and Conditions of use of the Platform.
Upon acceptance of these Terms and Conditions, the User/Consumer expressly authorizes the use of Cookies by Yowww in all usage activities carried out on the Platform.
10. CAPACITY:
The User/Consumer declares that the contractual relationship that may arise from the use of the Platform will be directly and exclusively with the restaurant & Delivery Persons, and will consist of a mandate executed by electronic means, in which the User/Consumer is the principal.
Pursuant to the conditions of legal capacity established in current Indian legislation and the validity of the manifestation of will through electronic means established Indian penal Code, Users/Consumers at the time of creating the User Account, expressly declare that they have sufficient capacity to enter into the type of mandate contract that can or could be configured by accessing and/or using the Platform; and notwithstanding the foregoing, minors, in accordance with applicable law, are not authorized to use the Platform at any time, thus causing the nullity of any mandate generated on the Platform in the event of contravention of what is established herein.
11. PROCEDURE FOR USE OF THE PLATFORM:
In order to use the platform, Users/Consumers must be fully identified in their User Account and follow the following procedure:
1. Login . Enter the Platform by specifying your address or location to determine the Products that are available in the corresponding sector.
2. Select the delivery location . The User/Consumer must provide the exact address where the selected product(s) will be delivered. This address must be within the delivery coverage range.
3. Selecting the Item(s). By selecting the Item(s), the items and total value of the item(s) are made available to the User/Consumer by means of images and which do not be the actual item, which allow the full individualization of the item(s) for detailed analysis by the User/Consumer.
4. Validation of the item(s). Once the previous step has been completed, Yowww must show the User/Consumer a summary of the item(s) in terms of their general conditions, such as the brand and presentation provided. With this information, the User/Consumer will be able to validate the selected item(s), so that it can be used as a reference in relation to the item they intend to purchase.
5. Review the item(s) in the cart. After selecting all desired items, go to your cart. Review your selections, quantities, and any special instructions. You can make changes, such as removing items or adjusting quantities.. Yowww has total autonomy to limit the entry of the item(s) into the cart based on the quantity.
6. Price . Once the previous steps have been exhausted, the User/Consumer is provided with the Price to be paid for the selected Item(s), which is reflected for all the Items to be purchased. The value will correspond to the total value of the Item(s) including shipping costs, transaction costs, service fee, and taxes.
7. Payment . Payment for orders placed through the Yowww Platform will be made using the payment method registered and selected by the User/Consumer on the Yowww Platform.
8. Payment method. The User/Consumer must select the payment method they wish to use, with the following options: payment on delivery via i) cash; or ii) electronic payment through the Payment Gateway contracted by Yowww, provided that it is available in the application. At this time, the order request made by the User/Consumer to the Delivery staff is configured. In the event that Yowww verifies that the payment method selected by the User/Consumer is expired, is not valid, or does not have sufficient funds to pay for the order, the User/Consumer agrees that Yowww may charge the total value of the order to any other card or available payment method that is linked to their account on the Yowww Platform.
9. Registration . When defining the payment method, the User/Consumer must create his/her personal account in which personal data will be required to allow his/her identification, but not his/her individualization. Additionally, data will be required to make the payment electronically.
10. Summary and Email. Once the previous steps have been completed, the User/Consumer will be shown a detailed summary of the transaction and the complete information of the Delivery staff, who has agreed to manage the order and with whom the mandate is signed, via a pop-up window. This summary will be sent to the User/Consumer by email with this information in detail.
11. Delivery . Once all the data corresponding to the transaction and the scope of delivery coverage of the items have been verified, the Delivery staff will deliver to the address provided by the User/Consumer through the Platform upon completion of the purchase of the item(s) purchased. If delivery cannot be made for reasons attributable to the User/Consumer, the Delivery staff must record this fact.
12. USER/CONSUMER DUTIES:
By accepting these Terms and Conditions of use of the Platform, the User/Consumer agrees to:
01. Provide their own, true and reliable information and/or personal data at the time of registering on the Platform by creating their own User Account;
02. Refrain from transferring their account validation data on the Yowww Platform to third parties;
03. Refrain from accessing and/or using the Platform to carry out acts contrary to morality, public order, good customs or illegal acts or events against Yowww, the Restaurant Partners, the Delivery Persons or third parties;
04. Have sufficient funds to process the payment of the orders placed through the Yowww Platform;
05. Make the payment of the total value of the order through the Yowww Platform in accordance with the payment method selected in the Check-Out area
06. Refrain from registering payment methods owned by third parties without the authorization
07. Register payment methods in accordance with the verification process within the Yowww Platform
08. The User/Consumer acknowledges and accepts that Yowww may deduct the value of the debt from any payment method registered on the Yowww Platform
09. The User/consumer should be available at the chosen location to receive the orders placed through the Yowww Platform without making the delivery partner wait
10. Verify the order & Items placed through the Yowww Platform before our delivery partner leaves the place marking delivered.
11. Immediately inform Yowww in the event of any unauthorised use, or usurpation of personal data or validation of your account within the Yowww Platform;
12. Refrain from engaging in illegal conduct or conduct that undermines the operation of the Platform;
13. Refrain from requiring Delivery Persons to provide any other product whose marketing, sale or distribution by telephone, mail, internet or any other means of communication is prohibited by applicable law;
14. Refrain from impersonating other Users/Consumers;
15. Enable the use of pop-up windows during the operation of the Platform;
16. In general, all those conducts necessary for the execution of the legal business, such as
a. The receipt of the orders placed through yowww;
b. Be informed about the ingredients used in the preparation of the item before order placed/consumption of the item
c. Pay the actual price of the order value to the Delivery Person in case cash on delivery is being opted as a payment method
17. Yowww do not hold any responsibilities for any legal claim against it and personally assume, by way of example but not limited to, the consequences related to the legality, quality, image, presentation, size, color, price, etc., of that product(s) other than the Product(s) displayed on the Platform and that are required by the Users/Consumers through the Platform.
18. Refrain from having more than one (1) account on the Yowww Platform with the same Personal Data.The User/Consumer acknowledges and accepts that Yowww reserves the right to deactivate accounts that do not comply with these parameters;
19. Maintain custody of the mobile or portable device through which the User/Consumer accesses the Yowww Platform, ensuring that third parties do not have improper access to the Yowww Platform due to actions or omissions of the User/Consumer. It is clarified that, in the event that it is evident that the User/Consumer has not properly safeguarded his/her mobile or portable device, Yowww will not have any type of responsibility for unauthorised access by third parties to the Yowww Platform;
20. Treat Delivery Persons/Restaurant merchants and customer service agents in a respectful manner and refrain from using abusive language which may lead to legal course of action.
By requesting the order through the Yowww Platform, the User/Consumer irrevocably accepts the costs (value of the items, value of the delivery, service fee, among others), which are determined in the Check-Out area of the order.
The legal representatives or guardians of Users/Consumers who are minors expressly declare that they have authorized the latter to register on the Yowww Platform, understanding that they are responsible for the use of the Yowww Platform by the Users/Consumers who are minors.
In the event of non-compliance with any of the obligations contained in this section, Yowww reserves the right to permanently block the User/Consumer's account on the Yowww Platform.
The User/Consumer acknowledges and accepts that the Delivery Persons are third parties of Yowww, who accept the User/Consumer's order for a specific order. Consequently, the User/Consumer understands and accepts that the Delivery Persons do not have a contractual and/or service provision relationship with Yowww and, therefore, Yowww is not responsible for their actions or omissions.
Any User/Consumer who accesses and/or uses the Platform acknowledges that Yowww Services do not include item sales, home delivery or logistics services, as the contractual relationship is established directly between the User/Consumer and the Delivery Person, who acts independently and under no circumstances can be understood as an employee of Yowww or its affiliates.
If you require an invoice, you must inform the Delivery Person so that they can provide you with the invoice for the cost of the service(s) provided. If you require an invoice for the items(s) you purchased, you must inform the following email address: reachus@Yowww.com so that you can be provided with the purchase ticket information and obtain the invoice from the commercial establishment from which you purchased the product(s), having to verify and adhere to the billing requirements imposed by the commercial establishment.
13. YOWWW DUTIES:
Pursuant to these Terms and Conditions of Use, Yowww undertakes to: (i) Provide clear, up-to-date, and sufficient information on the Yowww Platform regarding Yowww's contact and identification data; (ii) Indicate the general characteristics of the Product(s) so that they may serve as a reference to Users/Consumers, including, for this purpose, the brand and presentation; (iii) Sufficiently inform the User/Consumer about the payment methods enabled within the Yowww Platform; (iv) Provide the User/Consumer with the information of the Independent Delivery Person who, freely and voluntarily, has accepted the management of the mandate requested by the User/Consumer through the Yowww Platform; (v) Send to the email address registered by the User/Consumer a summary of the order placed through the Yowww Platform; (vi) Make the Terms and Conditions of use of the Platform available to Users/Consumers in an updated manner; (vii) Use the information solely for the purposes set forth in these Terms; (viii) Inform the User/Consumer at the Check-Out of the order of the amounts that must be paid to request the order.
Users/Consumers acknowledge and accept that Yowww is a contact portal and, as such, is not the one who displays, offers and/or markets the products and/or services on the Yowww Platform. Consequently, Users/Consumers acknowledge and accept that Yowww is not responsible for the quality, availability, price, condition and integrity of the products and/or services of the Commercial Partners, acquired through the Yowww Platform.
The Commercial Partner, being the one who exhibits, offers and markets the products and/or services through the Yowww Platform, is the only one responsible for: (i) fully complying with the rules regarding advertising, commercial promotion and labeling that are applicable to its products and/or services; (ii) having the permits and licenses from the competent authorities to exhibit, offer, and market the products and/or services through the Yowww Platform; and (iii) complying with all those provisions, laws, regulations or rules regarding the marketing of products and services.
14. PRICES DISPLAYED ON THE PLATFORM:
The prices of the products and/or services displayed on the Yowww Platform are set by the Commercial Partners, who act as suppliers and/or producers of the same. When, due to technological errors, erroneous prices are displayed for the products and/or services marketed by the Commercial Partners through the Yowww Platform, in order to protect the User/Consumer's right to receive truthful and sufficient information, Yowww and/or the Commercial Partners may cancel orders based on said products and/or services, which will be reported to the User/Consumer.
15. SERVICE FEE FOR USE OF PLATFORM:
By accepting these Terms and Conditions, Users/Consumers agree that Yowww charges a variable fee, called the “Service Fee” or “ Service Fee ” for the use of the Yowww Platform. The value of the Service Fee is communicated to the User/Consumer during the Check-Out process of each order.
16. Loyalty Points:
The use of loyalty points by Users/Consumers is subject to the provisions of the section called “Promotions and Credits ” within the Yowww Platform.
17. TIP:
The User/Consumer has the freedom to decide to leave a tip to the Independent Delivery Person, who, freely, voluntarily and autonomously, accepts the management of his/her order.
The following are the applicable conditions:
Voluntary Tipping: Tipping is completely voluntary and is not obligatory under any circumstances. Users/Consumers have the option to decide whether they wish to leave a tip and in what amount.
Full tip delivery to Independent Delivery Drivers: All tips delivered through the Yowww Platform will continue to be entirely allocated to the Independent Delivery Drivers. The Yowww Platform will not retain any percentage of the tip left by Users/Consumers.
Tip Amount Suggestion: During the checkout process, the Yowww Platform will suggest a tip amount based on the value of the order created by the User/Consumer. The suggested amount will be limited to a maximum of MXN INR100.
Displaying the tip: Post delivering the order, the User/Consumer will see the value of the tip in the app, and the consumer he/she may proceed with the generation of the Tip.
Yowww is committed to respecting the wishes of Users/Consumers regarding tips, and to ensuring that they are delivered to Independent Delivery Drivers in full.
By accepting these Terms and Conditions, the User/Consumer expressly confirms that he/she understands that:
1. The tip is voluntary
2. The tip will be entirely allocated to the Delivery staffs
3. Yowww will implement a suggested tip mechanism
4. He/She can modify the suggested amount or choose not to leave a tip
5. He/She accepts the terms and conditions of this Tipping Policy.
18. AVAILABILITY OF PRODUCTS AND SERVICES:
The User/Consumer acknowledges and accepts that Yowww is not the producer, supplier, retailer, agent and/or distributor of the products and/or services displayed on the Yowww Platform. Therefore, Yowww is not responsible for the lack of availability of the products and/or services displayed, offered and marketed by the Commercial Partners through the Yowww Platform.
Availability will be defined in each specific case at the time when the Independent Delivery Person carries out the requested management and consequently obtains (the) Product(s) from suppliers. Within the purchasing process, the User/Consumer will determine what action the Independent Delivery Person must take in case of not finding the requested Product(s), among the following options: (i) Fulfill the order excluding the requested Product(s) not found, in which case its cost will be deducted from the total value of the order and, in case it is only one Product and it is not available, the User/Consumer must choose between (a) canceling the order or (b) fulfilling it with a substitute or similar product in price and type; or (iii) Authorizing the Independent Delivery Person to bring a substitute product similar in price and type.
The User/Consumer acknowledges that Yowww is not a producer, supplier, retailer, agent, distributor, or in general any type of marketer or producer of the products it displays, as it operates only as a technological platform that allows Users/Consumers and Independent Delivery Persons to meet to request orders. The sales receipt issued by Yowww's partner stores in favor of the user will not necessarily reflect the payment method selected by the user on the online Platform.
Likewise, Yowww reserves the right to update, modify and/or discontinue the Products displayed on the Platform at any time.
19. RESTRICTED USE PRODUCTS:
Restricted-use Products, such as those that require the User/Consumer to be of legal age and/or have a specific document, will only be delivered by the Independent Delivery Person to Users/Consumers who are of legal age and who expressly declare this status at the time of accepting these Terms and Conditions as well as when registering and selecting the Product(s).
In the event of non-compliance with this obligation, the Independent Delivery Person will not accept the transaction and, in the event of having paid for the Product(s), will have the possibility to define with the Independent Delivery Person the mechanism for the refund of the money. In the event that, together with the Products for restricted use, other Products of a different type and/or quality have been requested and the obligation described here is also breached, the same legal consequences defined here will apply, but only in relation to the Products for restricted use.
In the event that the Independent Delivery Person identifies at the time of delivery that the User/Consumer is not of legal age, they will not deliver the products to the User/Consumer, it being understood that, in such case, Yowww and/or the Independent Delivery Person will not have any type of responsibility for the non-delivery of the products.
Without prejudice to the measures taken by Yowww to prevent restricted-use products from being purchased by minors, the legal representatives or guardians of Users/Consumers who are minors are responsible for ensuring that the Yowww Platform is used by said Users/Consumers in compliance with these Terms and Conditions and applicable law.
20. ACQUISITION OF MEDICATIONS THAT REQUIRE A MEDICAL PRESCRIPTION
The User/Consumer must present and/or provide through the Yowww Platform the prescription or medical prescription for the acquisition of those medications that require it. It is clarified that the Commercial Partner will carry out the validation of said document. In the event that the Commercial Partner cannot validate the document, the User/Consumer's order will be cancelled through the Yowww Platform.
21. WARRANTY:
The User/Consumer acknowledges and accepts that the warranty process for the product and/or service acquired through the Yowww Platform must be carried out directly with the respective Commercial Partner, who acts as producer/provider of the products and/or services in question. Consequently, the User/Consumer acknowledges that Yowww, in its capacity as a contact portal, is not obligated to respond for the warranty of the products and/or services displayed, offered and marketed by the Commercial Partners through the Yowww Platform, pursuant to the Federal Consumer Law.
22. HELP CENTER:
The User/Consumer has access to the Help Center within the Yowww Platform to resolve any questions or complaints regarding orders requested through the Yowww Platform.
23. REFUND METHOD:
The User/Consumer may choose the refund method, in accordance with what is established in his/her account within the Platform.
24. CANCELLATIONS AND RETURNS:
Once the order request has been issued, the User/Consumer may cancel it (hereinafter, “ Cancellation ” ) without any penalty, provided that said Cancellation is made through the Platform (by clicking on the current order) before the store begins to prepare the order ( Cooking Time in the case of Restaurants or before the store accepts it in other cases). It is clarified that the status of the order may be viewed directly by the User/Consumer through the Platform.
If the Cancellation is not made within the time stipulated in the previous paragraph, the User/Consumer will be obliged to pay the entire order; that is, 100% (one hundred percent) of the amount corresponding to the payment for the management of the order and the value of the products. Without prejudice to the foregoing, the User/Consumer may manage the return directly with the Commercial Partners, it being understood that said return will be governed by the policies and conditions of the allied business in the applicable case.
The amount that will be charged for the Cancellation of the order will be shown to the User/Consumer before he/she completes said request through the Platform.
The User/Consumer may under no circumstances claim lack of knowledge of the limitations, restrictions and/or penalties, given that they will be informed of these prior to making the order request and after the Cancellation through the Platform.
It is clarified that, when a refund is required, in the appropriate cases, Yowww will, in the first instance, make any refund through Platform Credits, which will be paid directly to the User/Consumer Account. In the event that the latter prefers the refund of the money delivered, he/she may request it through the Help Center within his/her Account on the Platform. In this scenario, the Credits paid will be cancelled and the money will be refunded to the card used to make the purchase, in the case in which it was the selected payment method. It is clarified that the refund will be subject to the times of the corresponding banking entity, which may take approximately 20 (twenty) business days to reflect the refund made in the User/Consumer's bank account.
25. RIGHT OF WITHDRAWAL:
In the case of perishable products, the right of withdrawal will apply under the corresponding terms determined by the Federal Consumer Law in this regard. Regarding non-perishable products, since Yowww is not the one who sells the products, the User must exercise this right before the Business or Commercial Ally from which the products were purchased. The applicable terms for exercising the right of withdrawal will be those indicated by the Federal Consumer Law in this regard.
26. INDEMNITY:
The User/Consumer agrees to defend and hold Yowww harmless from any event resulting from unauthorized use of the Yowww Platform by the User/Consumer, or from any breach of these Terms and Conditions.
27. IMPROPER USE OF THE PLATFORM:
Without prejudice to other measures, Yowww may temporarily or permanently block the User/Consumer's account on the Yowww Platform in the event that any of the following events occur: (i) failure to comply with the laws or regulations in force in the United Indian States; (ii) failure to comply with any of the provisions of these Terms and Conditions; (iii) if the User/Consumer engages in illegal conduct, in bad faith or to the detriment of Yowww and/or third parties; and (iv) if the identity of the User/Consumer cannot be confirmed or any information provided by him/her is erroneous.
28. PLATFORM CONTENT:
Through the Platform, Yowww may make available to Users/Consumers commercial and advertising information, its own or that of third parties, in accordance with good commercial practices. In these cases, Yowww does not endorse, guarantee or undertake its responsibility for the services and/or products marketed by these third parties, since the Platform serves as a communication and advertising channel, but not as a service provision tool; consequently, it is the sole responsibility of Users/Consumers to access the sites that send the advertising, assuming the obligation to verify and know the terms of the services offered by third parties.
All information made available on the Platform, such as images, advertising, names, brands, slogans and other intellectual property elements, are legitimately used by Yowww, either because they are its property, because it is authorized to make them available or because it is authorized by current applicable legislation.
29. PLATFORM OPERATION:
Yowww manages the Platform directly or through third parties, and all information communicated therein is true and up-to-date. In no case will Yowww be liable for direct or indirect damages suffered by the User/Consumer due to the use or inability to use the Platform.
The Platform is available 24 (twenty-four) hours a day for access and consultation. For transactions, the Platform is available 24 (twenty-four) hours a day, depending on the availability of the Independent Delivery Persons and the Commercial Partners or Suppliers of the Products. Yowww will make its best efforts to keep the Platform in operation, but in no case guarantees permanent availability and continuity of the Platform.
30. E - COMMERCE:
In compliance with Indian provisions on data messages according to the Federal Civil Code, it is hereby notified that Indian legislation recognizes the validity of messages sent by electronic means and therefore they acquire probative character and entity. Consequently, Users/Consumers understand that, through the exchange of messages by electronic means, the User/Consumer and the Independent Deliverers may give rise to the creation, modification and extinction of obligations, the content, consequences, responsibilities and effects of the information generated being their exclusive responsibility.
31. HANDLING OF INFORMATION AND PERSONAL DATA:
The information collected by Yowww in the transactions carried out is provided by Users/Consumers freely and voluntarily, so that it may be managed by Yowww or by whomever it designates for the fulfillment of the acquired duties, which implies its collection; storage in servers or repositories of Yowww or third parties; circulation of the same within the Yowww organization; communication to Users/Consumers of commercial, advertising and marketing information related to its commercial activity.
The data collected will also be analyzed to improve the business strategy of the web portal, supported by business intelligence and data mining tools, which allow the acquisition of prospective knowledge for prediction, classification and segmentation purposes.
The User/Consumer may exercise their rights of Access, Rectification, Cancellation and Opposition (“ARCO Rights”) of their Personal Data existing in the databases associated with the Platform. To do so, they must submit a request for the right they wish to exercise to the email address: reachus@yowww.in detailing in writing the modifications to be made and providing the supporting documents.
Likewise, by accepting these terms and conditions, the User/Consumer expressly declares that he/she has read and accepted Yowww's privacy notice, available at the following electronic address: https://www.yowww.in
32. TOTAL ACCEPTANCE OF THE TERMS:
The User/Consumer expressly declares that he/she has the legal capacity to accept these Terms and Conditions of Use of the Yowww Platform and to enter into any mandate contracts that may be generated with Independent Deliverers. He/she also declares that he/she has provided Yowww with real, true and reliable information. Therefore, he/she expressly and unequivocally declares that he/she has read, understands and accepts all of the assumptions provided for and regulated in this document of Terms and Conditions of Use of the Platform, and therefore undertakes to fully comply with the duties, obligations, actions and omissions expressed herein.
In the event that Users/Consumers from other countries use the Platform, they are fully subject to the provisions of these Terms and Conditions of use of the Platform.