Terms and Conditions

1. Contractual Relationship

These Terms of Use (“Terms”) govern your access to and use of the applications, websites, and services (“Service”) provided by Yamaka (“We” or “us”). Please read these Terms carefully as it constitutes a legally binding agreement (“Agreement”) between you and Yamaka. By downloading, installing, or otherwise accessing or using the Service, you agree that you have read, understand and agree to be bound by these Terms including any additional terms and policies by Yamaka. If you do not agree to these Terms, whether in whole or in part, please do not access or use the Service.

2. The Service

The Service provided by Yamaka links you to the nearest vendors (“Vendors”) for you to order a variety of goods (“Goods”) to be delivered to you. The Services comprise mobile applications and related services, which enable users to arrange and schedule transportation, delivery services and/or to purchase certain goods. You acknowledge that your ability to obtain transportation, and/or delivery services through the use of the services does not establish Yamaka as a provider of transportation, logistics or delivery services or as a transportation carrier.

3. Third Party Interactions

3.1 Third-Party Providers

During use of the Service, you may purchase goods and services from third-party providers through the Service. Any such activity, and any disputes, terms, conditions, warranties or representations associated with that activity, is solely between you and the applicable third party. We do not control or endorse any Third-Party Providers. You agree that we shall have no liability, obligation or responsibility for any purchase or transaction between you and any Third-Party Providers.

3.2 Third-Party Delivery

You may engage third-party delivery through the Service to provide delivery services to you. Any interactions or disputes between you and such third-party delivery are solely between you and that Third-Party Delivery. You agree that we shall have no liability, obligation or responsibility for any purchase or transaction between you and any Third-Party Delivery.

3.3 Third-Party Advertising and Marketing

The Service may contain Third-Party Advertising and Marketing. You agree to access such advertising and marketing from us.

4. Access and Use of the Services

4.1 User Account

You must register for and maintain an active user account (“Account”) to use the Service. You must be above the legal age (at least 18 years of age) to obtain an Account. You must provide your personal information including your name, address, mobile phone number and date of birth to register your Account. By agreeing to these Terms, you represent and warranty to us that you have provided your accurate, correct and complete personal information.

You agree to maintain the security of your Account username and password at all time. You are solely responsible for keeping your password safe. Save for cases of fraud or abuse which are not your fault, you accept that all Orders placed under your Account are your sole responsibility. We shall not be liable for Orders that encounter delivery issues due to incomplete, incorrect or missing information provided by you. You are obliged to provide information that is complete, accurate and truthful for the proper processing of the Order, including your delivery address and contact information.

4.2 User Requirements and Conduct

The Account is non-transferable, and you shall not authorize third parties to use your Account, and you shall not allow persons below the legal age to receive transportation or logistics services from Yamaka. The Service is not available for use by persons below the legal age. We reserve the right to request proof of age via Identity document/passport if customer looks suspiciously under age or are in an inebriated condition at the point of drop off.

4.3 Communication

TBy using the Service, you agree that we may contact you by telephone call or text massages at any of the phone number you provided. These telephone call or text massages may include operational communication about your use of Services, as well as marketing and other promotional messages. You may able to opt out of receiving marketing and promotional text messages from us at any time either by texting the word “STOP” to “ +95 9 880201220 ” using the mobile device that is receiving the messages, or by contacting us. If you change or deactivate the phone number you provided, you reserve the responsibility to update your account information to help prevent us from wrongfully communicating with anyone who acquires your old number.

5. Age Restriction for Products offer on the app

The Service is mainly focus on Alcohol, Alcoholic Products, Cigarettes and Tobacco Products, and our targeted customer is person above the legal age. Person below the legal age is strictly prohibited to access or use the Service. Yamaka, vendors, delivery agents and riders, reserve the right in their sole description to ask for valid proof of age (e.g. ID card) to any persons before they deliver Alcohol, and to refuse delivery if you are unable to prove you are of legal age.

6. Order

6.1 You are required to provide the delivery address to display the Vendors available in your delivery area. You are able to see Vendor’s menu page to select your goods to purchase. Please follow onscreen instructions to complete an Order. You may be required to provide additional details. You are required to review and confirm that all the information you provided, including the amounts, delivery details, personal details, payment information, and voucher codes (if applicable) is true, accurate and complete before you place your Order.

6.2 An Order is successfully placed when you receive a confirmation message from us. Vendor reserve the right to prepare the Order with the standard operating procedure. Where applicable, orders will include delivery fees and any applicable tax (e.g. goods and services tax, value-added tax, etc.).

6.3 You do not reserve the right to cancel your Order after receiving a confirmation message from us. You agreed that any cancellation or attempted or purported cancellation of an Order shall be liable to pay the liquidated damages of an amount equivalent to the Order Value.

6.4 We reserve the right to cancel any Order and/or suspend, deactivate or terminate your user account in its sole discretion if it reasonably suspects or detects wrongful behaviour or activity associated with your user account and/or with your Order.

7.Allergens

We are not obligated to provide ingredient information or allergen information on the Service. Further, we do not guarantee that the Goods sold by Vendors are free of allergens. It is your sole responsibility to avoid the goods which you have allergies, allergic reactions or dietary restrictions and requirements.

8.Delivery

8.1. You understand that available Vendors may vary depends on the delivery areas. By entering your delivery address in the app, you will see the Vendors that we make available to you at that time.

8.2 We shall deliver your Order to the delivery address provided by You. You may choose for your Order to be delivered “ASAP” or scheduled for a specific time.

8.3 An estimated delivery time will be provided to you in in app message confirmation but delivery times shall vary depending on non-controllable factors (e.g. order quantity, distance, weather conditions, traffic conditions, etc.). However, we will put our best effort to deliver your order to you within 20 minutes. You acknowledge that the delivery time we provide is only an estimate and Orders may arrive earlier or later.

8.4 You must ensure that at the time of delivery of the goods either you or someone who is above the legal age is at the delivery location to receive the Order. If you or the recipient is or appears to be below the legal age, or fails to provide a valid proof of ID, we reserve the right not to deliver your Order to you. You agree that you are liable for any damage, cost or expense incurred to such goods or facilities where there is a lack of adequate access, contact or persons to receive delivery.

8.5 You should check the goods upon receipt of your Order, if you discover that there are issues with your Order (e.g. wrong order, defective order, or missing items) please contact +95 9 880201220.

8.6 In some cases, we may request for photographic proof and/or additional information to properly investigate the issue with your Order. If we determine that the Order and/or Goods you received are not of satisfactory condition or quality, we will compensate you for your Order or parts of your Order.

9. Payment Terms

9.1 Prices and Charges: You understand that (a) we are not obliged to itemize its costs, profits or margins when publishing the prices of the goods, (b) vendors reserve the right to change such prices in accordance with market price at any time, at its discretion.

9.2 Payment Methods: You are allowed to pay with cash on delivery or any designated payment methods on the app. If your payment details change, you reserve the responsibility to provide us with updated payment information. You agree to pay all amounts, delivery charges, additional charges and the final ‘Total’ amount which is displayed to you.

9.3 Refunds: Charges paid by you for completed and delivered orders are final and non-refundable. We are not obliged to provide refunds except for the wrong act of us which is amount to refund.

9.4 Promotional Offers, including Vouchers and Discounts: We, at its sole discretion, may make promotional offers with different features and different rates to any User. These promotional offers are subject to these Terms and may be valid only for certain Users as indicated in the offer. You agree that promotional offers (i) may only be used by the intended audience, for the intended purpose, and in a lawful manner: (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by us; (iii) cannot be redeemed for cash or cash equivalent; and (iv) are not valid for use after the date indicated in the offer. We reserve the right to modify or cancel a promotional offer at any time without prior notice to you.

10. Intellectual Property

We own, including but not limited to visual interfaces, interactive features, graphics, design, computer code, products, software, and all other elements and components of the Service excluding Your User Content and Third-Party Content. We also own the copyrights, trademarks, service marks, trademarks, service marks, logos, images, trade names, trade secrets and other intellectual and property rights, including these Terms. It is strictly prohibited to use, copy, modify, reproduce, republish, distribute, adapt or display our intellectual property in any way without having our written approval. In case of any breach of our intellectual property rights, we will enforce to take action in according with any application law, including criminal prosecution.

11. CUSTOMER PRIVACY POLICY

We respect the privacy of our users and will not disclose personal information to third parties without your express permission. We are however authorized to collect, use and store the information you provide on the website or application to verify your identity when you access the Service or when you conclude transactions.

Ensure that accurate, correct and complete information is used in the delivery process. You acknowledge, agree and allow us to pass your certain personal information (such as your full name, delivery address, email address and contact details) to the delivery company to ensure delivery of the products you have purchased.

12. Deleting the account

If you wish to delete your Account, please send us “info@yamakamm.com” requesting the same. We may restrict, suspend or delete your Account and/or use of the Service, if we reasonably believe that: someone other than you are using your Account; or where you are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms, our policies and guidelines, or involved in activity or conduct which we deem in our sole discretion to delete your Account.

13. Termination

These Terms are effective until terminated by you or us as described below. Your rights under these Terms will terminate automatically without notice from us if you fail to comply with any of these Terms. In addition, we may in its sole discretion terminate, suspend or delete your Account, or your access to the Service at any time without notice. We also reserve the right to modify or discontinue the Service at any time without notice.

14. Disclaimer

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE APP AND THE SERVICE IS AT YOUR SOLE RISK AND THAT THE APP AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YAMAKA EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, NO-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

YAMAKA MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY MATERIALS, INFORMATION OR DATA AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE APP OR THE SERVICE.

YAMAKA DOES NOT REPRESENT OR WARRANT THAT (I) YOU WILL BE ABLE TO ACCESS OR USE THE APP AND THE SERVICE ANY TIMES OR LOCATIONS OF YOUR CHOOSING (II) THAT OPERATION OF THE APP AND THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE (III) YOUR USE OF THE APP AND THE SERVICE WILL MEET YOUR REQUIREMENTS (IV) DEFECTS IN THE OPERATION OF THE APP AND THE SERVICE WILL BE CORRECTED (V) DELIVERY OF GOODS WILL BE ON TIME OR FREE FROM DAMAGE OR (VI) THE APP AND THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE APP AND THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF INTERNET AND ELECTRONIC COMMUNICATIONS. YAMAKA IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

YAMAKA RELIES UPON THIRD-PARTY PROVIDERS AND VENDORS, AND DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THE APP AND THE SERVICE IS ACCURATE AND COMPLETE.

15. Limitation of Liability

YAMAKA SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF US, EVEN IF YAMAKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

VENDOR LIABILITY: VENDORS ARE RESPONSIBLE FOR THE PREPARATION, CONDITION AND QUALITY OF GOODS. YOU AGREE THAT YAMAKA SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR DISPUTES ARISING OUT FROM VENDOR’S RESPONSIBILITY.

DELIVERY AGENT LIABILITY: DELIVERY AGENTS ARE RESPONSIBLE TO DELIVER THE GOODS IN GOOD CONDITIONS WITHIN THE TIME SET. YOU AGREE THAT YAMAKA SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR DISPUTES ARISING OUT FROM DELIVERY AGENT’S RESPONSIBILITY.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHT AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

16. Indemnity

You agree to indemnify and hold Yamka and its affiliates and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including lawyer’s fees), arising out of or in connection with (i) your use of the Service or services or goods obtained through your use of the Service; (ii) your breach or violation of any of these Terms; (iii) Yamaka’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

17. Prevailing Language

In the event of a dispute as to the Terms, the English version shall prevail. The English language version of these Terms shall control in all respects and shall prevail in case of any inconsistencies with translated versions.

18. Other Provisions

These Terms are governed by the laws of the Republic of the Union of Myanmar. Disputes arising out of or in relating with this Terms shall be settled with peaceful negotiations. And disputes which are not able to settle with negotiation shall be submitted to the jurisdiction of Myanmar for the purpose of litigation.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.