Terms of Service
PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE PLATFORM AND/ OR OUR PRODUCTS, YOU AGREE TO BE BOUND BY ALL OF THE BELOW TERMS OF USE AND THE PRIVACY POLICY.
Epifeast Inc. (“Epifeast”, “Company”, “We”, “Us”, or “Our”) owns and operates a website (URL: https://www.eatwithnymble.com/) and controls its social media pages (including but not limited to those on Instagram, Facebook, LinkedIn and Twitter) (hereinafter collectively referred to as “Platform”). Our Platform primarily acts as a self-contained program and software which works in connection with Our smart robot chef (“Product”) to prepare food in accordance with the recipes subscribed to by Our customers. Additionally, Our Platform provides a gateway to purchase Our Product.
These terms of use (“Terms”) describe the terms on which We grant users access to the Platform and the same shall be read with the user manual that comes along with Our Product and Our Privacy Policy available on (“Privacy Policy”), which covers the use of the Platform and/ or the Product and which sets out the terms on which We process any personal data We collect from Our users, or that they may provide to us. The users of the Platform shall hereinafter be referred to as “You” or “User(s)”.
You are requested to read these Terms carefully, as they may be changed from time to time. Though your access and use of the Platform is governed by the Terms as effective at the time of such access or use, please note that We may revise and update these Terms from time to time in Our sole discretion. If We make material changes to these Terms, We will notify You by email or by posting a notice on Our website prior to the effective date of the changes. These Terms are to ensure that You will use the Platform only in the ways in which We intend for it to be used.
In the event you are using this Website or any Nymble Product on behalf of another person, entity or organisation, you warrant and represent you are authorized to do so, and such person, entity or organisation shall also be bound by these Terms as well as the Privacy Policy.
By accessing or using the Platform:
(a) You acknowledge that You have read, understood, and accepted these Terms and any additional documents or policies referred to in or incorporated into these Terms, whether You are merely visiting Our Platform or are a registered User;
(b) If these Terms have materially changed since You last accessed or used the Platform, You acknowledge and agree that your continued access or use of the Platform constitutes your acceptance of the changed Terms;
(c) You hereby represent and warrant that you are at least eighteen (18) years of age or have attained the age of majority in your jurisdiction, and have the right, authority, and capacity to enter into these Terms, either on behalf of yourself or the entity that You represent; and
(d) You consent to receive communications from Us electronically, and You agree that such electronic communications, notices, and postings satisfy any legal requirements that such communications be in writing.
1. Accessing the Platform
We grant You permission to access and use the Platform subject to the restrictions set out in these Terms. You hereby represent and warrant that the information provided by You is correct, up to date, and complete. You shall use the Platform at your own risk, including the risk that You may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. You shall be solely responsible for making all arrangements necessary for You to have access to the Platform. We may close your account, suspend your ability to use certain portions of the Platform, and/ or ban You altogether from accessing the Platform for any or for no particular reason, and without notice or liability of any kind. You shall be solely responsible for ensuring access to the Platform, and that access may involve third-party fees (such as Internet service provider or airtime charges) and obtaining and maintaining all equipment necessary to access the Platform.
2. Registration and Account Security
In certain circumstances, We may require You to register with Us by creating an account on the Platform. When You create an account, We may ask You to provide certain registration details or other information about yourself (such as your name, email ID, password to access the account, residential address, billing details, etc.). Our collection of such information shall be subject to Our Privacy Policy. You shall be solely responsible for maintaining accurate account information at all times, including a valid email address and billing information and for updating such information as may be necessary.
Once you register on the Platform, You shall be solely responsible for all activities that may occur in connection with your account. You shall treat as confidential your account access credentials and shall not disclose it to any third-party. You hereby agree to immediately notify Us if You have any reason to believe that your account credentials have been compromised or if there has been any unauthorized use of your account or password, or any other breach of security. We recommend that You use particular caution while accessing your profile from a public or shared computer, or when using your account in a public space, such as a park or cafe or public library, so that others are not able to view or record your access credentials or other personal information.
You hereby undertake not to impersonate someone else to create an account, create or use an account for anyone other than yourself, permit anyone else to use your account, or provide personal information for purposes of account registration other than your own. In order to ensure that we can protect and properly administer the Platform and Our community of Users, We have the right to disable or close any User account at any time and for any reason or for no particular reason.
3. Prohibited Uses
You may use the Platform only for lawful purposes and in accordance with these Terms. We are under no obligation to enforce the Terms on your behalf against another User. We encourage You to let Us know if You believe another User has violated the Terms or otherwise engaged in prohibited or illegal conduct.
You agree that You will not, and that You will not assist, encourage, or enable others to use the Platform:
For any commercial purpose, except as expressly permitted under these Terms.
• To violate any applicable national, regional, federal, state, local, or international law or regulation.
• To create, send, knowingly receive, display, transmit, upload, download, use, or reuse any material which:
• Contains any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
• Infringes any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person;
• Violates or assists in the violation of legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these Terms and/or our Privacy Policy; or
Additionally, You agree that You will not and that You will not assist, encourage, or enable others to:
• Violate these Terms.
• Reverse engineer, decompile, disassemble, or otherwise seek to obtain the source codeor non-public APIs to the Platform, except to the extent expressly permitted by applicablelaw (and then only upon advance notice to the Company).
• Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works oradaptations of, publicly display, sell, trade, or in any way to commercially exploit thePlatform and/ or the Product, except as expressly authorized by the Company.
• Remove or modify any copyright, trademark, or other proprietary rights notice that appearson any portion of the Platform/ Product or on any materials printed or copied from thePlatform/ Product.
• Record, process, harvest, collect, or mine information about other Users.
• Access, retrieve, or index any portion of the Platform for purposes of constructing or populating a searchable database.
• Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose.
• Use the Platform to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature (collectively, “Viruses”).
• Use the Platform to violate the security of any computer network, crack passwords or security encryption codes.
• Remove, circumvent, disable, damage, or otherwise interfere with any security-related features or other restrictions of the Platform.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
• Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Platform. The restrictions above only apply to the extent permissible under applicable law.
4. Ownership of Intellectual Property
The Platform and all of Our trademarks, logos, branding, and any other content that we create in connection with the Platform and/ or the Product are owned by Us (“Company Content”),including proprietary rights of every kind and nature however denominated throughout the world, registered or unregistered, associated with such Company Content and the Platform (collectively,“ Company IP”). Except as expressly and unambiguously provided herein, We do not grant You any express or implied rights, and all rights in and to the Company IP are retained by us.
We shall not be held responsible or liable to any third-party for the content or accuracy of any materials posted by You or any other User of the Platform. You understand that when using the Platform, You may be exposed to text, images, photos, audio, video, location data, and all other forms of data or communication (“Content”) from a variety of sources, and that the Company shall not be held responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content.
We do not endorse any Content made available through the Platform by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and We expressly disclaim any and all liability in connection with such Content.
5. Product Reservation
By reserving the Product on the Platform, You hereby agree to be bound by the relevant reservation agreement, these Terms and the Privacy Policy. You represent and warrant that all information You provide in connection with a reservation is true and accurate. We shall not be responsible for fulfilling any reservation for which You provide information that may be incorrect or incomplete, as determined by the Company.
6. Links to other Sites
The Platform may contain links to certain other websites, over the contents of which, we have no control or, and therefore We shall not be held responsible for any loss or damage that may arise from your use of them. If You decide to access any of the third-party websites linked to the Platform, You do so entirely at your own risk and subject to the terms and conditions of use for such websites. We recommend that You read the terms of use and privacy policies of such websites.
7. Continuity of Service
Although We hope and endeavour to make the Platform available at all times, there may be times when We may need to disable the Platform either temporarily or permanently. The Platform maybe modified, updated, interrupted, suspended, or discontinued at any time without notice or liability. The Company shall not be liable if all or any part of the Platform remains unavailable at any time, for any period of time. Further, We may, from time to time, restrict access to some parts of the Platform, or the entire Platform, to Users, including registered Users.
8. Disclaimer
The Platform and the Product are provided on an “as is,” basis. The Company, its licensors and affiliates make no representations or warranties of any kind (express, statutory or implied) as to the operation of the Platform or the functioning of the Product or the information, content, materials, or products included on the Platform, or any third-party websites or services. The Company will not be held responsible for any unethical, illegal acts performed by the Users and the action of each of the Users shall be their own responsibility solely. Further, the Company will not be responsible for any harm, accident or injury arising out of the failure of the Users to follow the safety-related requirements as laid down in the user manual.
The Company disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability, quality of service and fitness for a particular purpose and shall not be responsible for any loss of data, loss of profits or any kind of misuse (statutory or otherwise) by any of its Users individually or during their interaction with each other. Except as provided above, there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law.
9. Limitation of Liability
In no event shall the Company, nor any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with your use of the Platform and/ or the Product, whether such liability is under contract or tort. The Company, including its officers, directors and employees shall not be held liable for any indirect, incidental, consequential or special liability arising out of or in any way related to your use of the Platform and/ or the Product even if informed of the possibility of such damages in advance. In no event shall the Company’s liability (including that of its officers, directors, employees, agents, partners) under or in connection with these Terms, the Platform and/ or the Product, exceed the total amount paid by You to purchase the Product.
10. Indemnification
You shall indemnify and hold harmless the Company, its affiliates and licensors and the irrespective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees(including reasonable attorneys’ fees) resulting from your violation of these Terms or your use of the Platform and/ or Product.
11. Governing Law
This Contract shall be governed following the laws of India and any dispute that arises from this Agreement shall be submitted to the jurisdiction of the appropriate Court of Law in Bengaluru City. The Parties consent to the jurisdiction of such courts and agree to accept service of process by mail and hereby waive any jurisdictional or venue defenses otherwise available to it.
12. General Terms
Entire Agreement
These Terms constitute the sole and entire agreement between You and Company with respect to the Platform and/ or the Product and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform and/ or the Product.
No Waiver
No waiver of these Terms by Company shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
Severability
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Assignment
The Terms, and any rights or obligations hereunder, are not assignable, transferable, or sublicensable by You except with Company’s prior written consent but may be assigned or transferred by Us without restriction. Any attempted assignment by You shall violate these Terms and be void.
Contact
All feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: care@eatwithnymble.com. By sending us any ideas, suggestions, documents or proposals (“Feedback”), You hereby agree that:
(i) your Feedback does not contain the confidential or proprietary information of third-parties;
(ii) We are under no obligation of confidentiality, express or implied, with respect to the Feedback;
(iii) We may have something similar to the Feedback already under consideration or in development that is owned by Us; and
(iv) You grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use ,modify, prepare derivative works, publish, distribute and sublicense the Feedback, and You irrevocably waive, and cause to be waived, against Company and its Users any claims and assertions of any moral rights contained in such Feedback.
