Effective as of October 9, 2015
This Privacy Notice describes the principles and practices that apply to the use of personal information (defined below) that The Yellow Chilli (“The Yellow Chilli”,”we,” “us”) collects from users of the website, www.getyellowchilli.com, the mobile web, the mobile app and the touch versions and any sites we have now or in the future that reference this Privacy Notice (collectively, the “Application”).
Users (as defined below), by using the Application and selecting a location, consent to our processing of your information as set forth in this Privacy Notice.
About the Application
The Application is a platform through which Registered Users order restaurant food. All available programs on the Application may change at any time in The The Yellow Chilli’s discretion, without notice
Ownership of the Application
Use of the Application
As a condition of your use of the Application, you agree that:
You are at least 16 years of age;
You are able to create a binding legal obligation;
You are not barred from receiving products or services under applicable law;
You will not attempt to use the Application with crawlers, robots, data mining or extraction tools or any other functionality;
You will only engage in transactions that comply with the letter and spirit of the terms of the respective offers;
You have the right to provide any and all information you submit to the Application, the information and all such information is accurate, true, current and complete; and
You will update and correct information you have submitted to the Application and ensure that it is accurate at all times (out-of-date information will invalidate your account).
If you are 16 or older but under the age of majority (which is 18 years old in most states), then your parent or guardian may be liable for some or all of your activities on the Application. Because of this, and because it is prudent for your parent or guardian to be aware of your activities, including the websites that you visit, you should make your parent or guardian aware that you are using the Application – as this Terms of Service and your use of the Application affect their legal rights and obligations.
If you have any requests for order cancellations, please call us on the phone number provided on the Contact page.
If you have any requests for refunds or returns of the items in the order, please call us on the phone number provided on the Contact page. All the requests for refunds or returns must be initiated within 24 hours of your receiving of the items.
Access to the Application
The Yellow Chilli retains the right, at our sole discretion, to deny service or use of the Application or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Application and your account accessible, the Application and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Application access or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.
In order to use the Application, you will have to provide your (i) first name; (ii) last name; (iii) email address; (iv) delivery location; (v) payment information; and, (vi) set an account password. The required information you will have provided is referred to herein as your Account.
You are responsible for updating and correcting information you have submitted to create or maintain your Account. You understand and agree that The Yellow Chilli shall have no responsibility for any incident arising out of, or related to, your Account. You are solely responsible for maintaining the security of your Account. We will assume that anyone using the Application or transacting through your Account is you. You agree that you are solely responsible for any activity that occurs under your Account. You will be persistently logged into the Application unless you choose to delete the Application from your mobile device or we terminate your Account.
Copyright and Trademarks
The Application contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound and the entire contents of the Application are protected by copyright, trademark and other intellectual property laws of the United States. The Yellow Chilli’ owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication or commercial exploitation of the content without the express permission of The Yellow Chilli or the copyright owner is permitted. If downloading, copying, redistribution, retransmission or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.You will not upload, post or otherwise make available on the Application any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. The Yellow Chilli does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.The Yellow Chilli USA, Inc.. owns trademarks, registered and unregistered in the United States and “The Yellow Chilli”, the The Yellow Chilli logo and variations thereof found on the Application are trademarks owned by The Yellow Chilli USA, Inc.. or its related entities and all use of these marks inures to the benefit of The Yellow Chilli USA, Inc..Other marks on the Application not owned by The Yellow Chilli may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of The Yellow Chilli unless otherwise stated, or may be the property of their respective owners. You may not use The Yellow Chilli’s name, logos, trademarks or brands without The Yellow Chilli’s express permission.
Public Nature of Your User Content.
You understand and agree that User Content is public. Any person (whether or not a user of The Yellow Chilli’s services) may read your User Content without your knowledge. Please do not include any Personal Information in your User Content unless you wish for it to be publicly disclosed. The Yellow Chilli is not responsible for the use or disclosure of any Personal Information that you disclose in connection with User Content. Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by The Yellow Chilli. Other users may post User Content that is inaccurate, misleading or deceptive. The Yellow Chilli does not endorse and is not responsible for any User Content, and will not be liable for any loss or damage caused by your reliance on such User Content. User Content reflects the opinions of the person submitting it and may not reflect the opinion of The Yellow Chilli. The Yellow Chilli does not control or endorse any User Content, and specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Application, including any objectionable User Content.
Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK. NONE OF The Yellow Chilli, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE APPLICATION WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE APPLICATION, OR (B) THE ACCURACY, COMPLETENESS OR RELIABILITY OF (I) THE CONTENT ON THE APPLICATION, INCLUDING WITHOUT LIMITATION AVAILABLE PROGRAMS, (II) OR USER CONTENT PROVIDED THROUGH THE APPLICATION. THE APPLICATION AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE APPLICATION, OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE APPLICATION, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, The Yellow Chilli HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE APPLICATION OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
Limitation of Liability
When you use the Application or send emails to The Yellow Chilli, you are communicating with us electronically and consent to receive electronic communications related to your use of the Application. We will communicate with you by email or by posting notices on the Application. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Application or from which you otherwise email us.
Choice of Law
You are contracting with The Yellow Chilli. Correspondence should be directed to: 1477 Oak Tree Road Iselin, Nj 08830.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.