Terms & Conditions
1.2 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
1.3 Why you should read them.
Please read these terms carefully before you submit your orders to us.
These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
Who we are. We are Mise En Place Ltd. (“MEP”) a company registered in the Cayman Islands. Our registered office is at c/o Cayman Management Ltd., Governor’s Square, 2nd Floor, 23 Lime Tree Bay Avenue, Cayman Islands.
MEP is a full service catering company in the Cayman Islands which (amongst other services) provides school lunch catering services.
Through the YumCayman.ky website MEP provides a platform for you to create a user account, put credit on your Digital Wallet and pre-order school lunches for certain primary schools, elementary schools and high schools in the Cayman Islands.
1.5 How to contact us. You can contact us by emailing us at email@example.com
1.6 How we may contact you.
If we have to contact you we will do so via telephone or by writing to you at the email address or postal address you provided to us when creating your user account.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND MEP.
In these Terms, the words "including" and "include" mean "including, but not limited to."
2.2 By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you regarding the use of the Services.
2.3 MEP may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH MEP ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
2.4 Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
2.5 MEP may amend the Terms from time to time. Amendments will be effective upon MEP’s posting of such updated Terms at this location.
Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If MEP changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing MEP written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above.
This written notice must be provided either (a) by mail or hand delivery to our registered office address or (b) by email from the email address associated with your Account to: firstname.lastname@example.org In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).
If you wish to make a change to the food you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the food, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may request a refund.
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against MEP on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against MEP, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against MEP by someone else.
YOU AND MEP MUTUALLY AGREE TO WAIVE ALL RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY, AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION BEFORE A SINGLE ARBITRATOR IN THE CAYMAN ISLANDS, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Arbitration Law (as Revised) of the Cayman Islands and survives after the Agreement terminates or your relationship with MEP ends.
ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and MEP, including the affiliates, subsidiaries, parents, successors and assigns of MEP, and each of the respective MEP officers, directors, employees, agents, or shareholders.
Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN YOU AND MEP (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND MEP.
These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Services, your relationship with MEP, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by MEP, trade secrets, unfair competition, expense reimbursement, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant; All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND MEP ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the Cayman Islands Association of Mediators and Arbitrators (“CIAMA”) pursuant to its procedural rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement.
As part of the arbitration, both you and MEP will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based.
The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.
The payment of filing and arbitration fees will be governed by the relevant CIAMA Rules.
Unless you and MEP agree otherwise, any arbitration hearings between MEP and a user will take place in the Cayman Islands.
In addition to the severability provisions in subsections (c) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
Before initiating any arbitration or proceeding, you and MEP may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and MEP. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
5.1 The Services comprise a website and related services (the "Website"), which enables users to order and pay for school lunches to be delivered at certain Cayman Islands Schools.
5.2 Unless otherwise agreed by MEP in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.
5.3 Any additional services (“Additional Services”) requested by you (which are not available by via the Website) will be provided pursuant to these terms and conditions and should be communicated to email@example.com.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by MEP; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
The Services and all rights therein are and shall remain MEP’s property or the property of MEP’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services; or (ii) to use or reference in any manner MEP’s company names, logos, product and service names, trademarks or services marks or those of MEP’s licensors
9.1 User Accounts.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to MEP certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by MEP. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by MEP in writing, you may only possess one Account.
9.2 User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services. You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage. If you fail to comply with these Terms (including policies and supplemental terms), you may be denied access to or use of the Services. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
9.3 Text Messaging and Telephone Calls.
9.4 User Provided Content.
MEP may, in MEP’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to MEP through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content").
Any User Content provided by you remains your property. However, by providing User Content to MEP, you grant MEP a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and MEP’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant MEP the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor MEP’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by MEP in its sole discretion, whether or not such material may be protected by law. MEP may, but shall not be obligated to, review, monitor, or remove User Content, at MEP’s sole discretion and at any time and for any reason, without notice to you.
10.1 You understand that use of the Services or Additional Services will result in charges to you for the services you receive ("Charges"). MEP will receive and/or enable your payment of the applicable Charges for services obtained through your use of the Services. Charges may include other applicable fees, or surcharges including a booking fee, airport surcharges or processing fees for split payments.
10.2 All Charges and payments will be enabled by MEP using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that MEP may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by MEP.
10.3 As between you and MEP, MEP reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the Services at any time in MEP’s sole discretion.
10.4 The price of any goods or the Services shall be the price set out in the order, or, if no price is quoted, the price set out in MEP's published price list in force as at the date of delivery.
10.5 MEP may, by giving notice to you at any time 5 business days before delivery, increase the price of any good or the Services to reflect any increase in the cost of those goods or Services that is due to:
- any factor beyond MEP’s control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
- any request by the Customer to change the delivery date(s), quantities or types of goods ordered; or
- any delay caused by your instructions or your failure to give MEP adequate or accurate information or instructions.
10.6 Charges paid by you for completed and delivered orders are final and non-refundable. Refunds may only be requested pursuant to clause 3 of these terms and conditions.
MEP shall ensure that:
11.1 each delivery of any goods is accompanied by a delivery note that shows the date of the order, all relevant customer and MEP reference numbers, the type and quantity of the goods, special instructions (if any); and
11.2 if MEP requires you to return any packaging materials, that fact is clearly stated on the delivery note. You shall make any such packaging materials available for collection at such times as the MEP shall reasonably request. Returns of packaging materials shall be at MEP’s expense.
11.3 MEP shall deliver the goods to the location set out in the order or such other location as the parties may agree.
11.4 If MEP fails to deliver the goods, its liability shall be limited to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the goods. MEP shall have no liability for any failure to deliver the goods to the extent that such failure is caused by a Force Majeure Event or your failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the goods.
11.5 If you or your child fails to take or accept delivery of the goods then, except where such failure or delay is caused by a Force Majeure Event or the Supplier's failure to comply with its obligations under the Contract in respect of the goods.
11.6 delivery of the goods shall be deemed to have been completed at 2pm on the Business Day which the MEP notified you that the goods were ready.
These Terms apply to the use by you of a Visa Debit card; Visa Credit card or Mastercard in your Digital Wallet. By registering your card in the Digital Wallet you agree to these Terms. Our Digital Wallet allows you to add credit to your account with which to purchase Services.
The Terms and Conditions of Use of your Visa Debit, Visa Credit or Mastercard apply to any use by you of your card in our Digital Wallet. To the extent of any discrepancy, the Visa/Mastercard Terms and Conditions of the card take precedence over these Terms.
- You agree to protect and keep confidential your User ID, passwords and all other information required for you to make purchases and add credit to your Digital Wallet with your card.
- Always protect a passcode by using a unique number or pattern that is not obvious or can be easily guessed. Take precautions when using a Digital Wallet. Try to memorise your passcode or carefully disguise it. Never keep a record of your passcode with your device, on your device or computer, or tell anyone your passcode.
- If you believe your security credentials have been compromised, you must report this to us immediately. Your Visa/Mastercard Terms and Conditions require you to contact us immediately if you believe there are errors or if you suspect fraud with your Card. This includes any fraud associated with use of a Digital Wallet.
- We will not be liable for any losses you incur except as specifically described in the Visa/Mastercard Terms and Conditions or as otherwise provided by law.
- Registration of your card into the Digital Wallet is subject to us identifying and verifying you and is at our discretion.
- We are not liable for any loss, injury or inconvenience you suffer as a result of any unauthorized use of any credit balance on the Digital Wallet.
- We do not charge a fee to allow you to install your card in the Digital Wallet.
- All applicable account fees and charges relating to the use of your card still apply.
- We can block you from adding an otherwise eligible card to the Digital Wallet, suspend your ability to use a card to make purchases using the Digital Wallet or cancel entirely your ability to continue to use a card in the Digital Wallet. We may take these actions at any time and for any reason, such as if we suspect fraud with your Card, if you have an overdue or negative balance on your card account.
- We may also cease supporting the use of cards and the Digital Wallet at any time.
- You may remove a card from a Digital Wallet by following a Digital Wallet Provider’s procedures for removal.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." MEP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, MEP MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
MEP 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 MEP, EVEN IF MEP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MEP SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES. MEP SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND MEP’s REASONABLE CONTROL.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MEP’s LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON MEP’s CHOICE OF LAW PROVISION SET FORTH BELOW.
You agree to indemnify and hold MEP and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services obtained through your use of the Services; (ii) your breach or violation of any of these Terms; or (iii) MEP’s use of your User Content;
These Terms are governed by and construed in accordance with the laws of the Cayman Islands, without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above.
Claims of copyright infringement should be sent to MEP’s registered office address.
MEP may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to MEP, with such notice deemed given when received by MEP, at any time by first class mail or pre-paid post to our registered office.
You may not assign these Terms without MEP’s prior written approval. MEP may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of MEP’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you or MEP as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. MEP’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by MEP in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.