TERMS & CONDITIONS
This website is operated by Yum Brand Corp. Throughout the site, the terms “we”, “us” and “our” refer to Yum Brand Corp. Yum Brand Corp offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms & Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available on yumkies.com. These Terms & Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms & Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms & Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions.
Any new features or tools which are added to the current store shall also be subject to the Terms & Conditions. You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms & Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms & Conditions.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
In the event a dispute arises between you and Yum Brand Corp, please contact support@yumkies.com. You release Yum Brand Corp (and Yum Brand Corp officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
In no event shall Yum Brand Corp, and (as applicable) Yum Brand Corp's subsidiaries, officers, directors, employees, or suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, or incidental, arising out of or relating to your conduct or anyone else's in connection with the use of the site, Yum Brand Corp’s services, or this agreement. This includes, without limitation, lost profits, bodily injury, emotional distress, or any special, incidental, or consequential damages.
Yum Brand Corp's liability, and (as applicable) the liability of Yum Brand Corp's subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount you paid to Yum Brand Corp for the product(s) in the 12 months prior to the action giving rise to liability, or (b) $35.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
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Ingredient and Allergen Information: While we take precautions to avoid cross-contamination, our baked goods are prepared in facilities that handle common allergens such as milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans, and sesame. We cannot guarantee that our products are free from traces of these allergens. It is the responsibility of the consumer to review the ingredient list and allergen information provided on our packaging or website. If you have specific dietary restrictions or allergies, please consult with a healthcare professional before consuming our products.
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Health and Safety: Our baked goods are made with care, but we cannot be held liable for any adverse health effects resulting from the consumption of our products. This includes, but is not limited to, food allergies, intolerances, or any other health conditions that may be aggravated by our products.
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Product Use: Our baked goods are intended for consumption as described on our packaging or website. We disclaim any liability for misuse or unintended use of our products.
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Limitation of Liability: By purchasing or receiving products from Yumkies as a gift, you agree to release and indemnify Yumkies and all related parties from any and all liability. This includes, but is not limited to, any claims arising from personal injuries, death, property damage, or any other damages (including issues related to the use, inability to use, or delivery of products). You further waive any and all causes of action, whether under contract, tort (including negligence), warranty, or other legal theory, related to the products or their use, including but not limited to damages to property or claims involving rights of publicity, privacy, moral rights, defamation, or false light portrayal, whether intentional or unintentional.
By purchasing and consuming our products, you acknowledge and accept this disclaimer and agree that Yum Brand Corp shall not be held liable for any claims, damages, or losses resulting from the use of our baked goods.
SECTION 14 - CLASS-ACTION WAIVER
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action. By agreeing to these Terms & Conditions, you expressly waive your right to participate in class-action lawsuits or class-wide arbitration against Yum Brand Corp. Any dispute or claim arising out of or in connection with these Terms & Conditions, including disputes relating to the use of our products or services, will be resolved by binding arbitration, rather than in court. Arbitration shall be conducted under the rules of the American Arbitration Association (AAA) and will take place in Philadelphia, PA. The decision of the arbitrator shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
SECTION 15 - RESOLUTION OF DISPUTES AND RELEASE
In the event a dispute arises between you and Yum Brand Corp, please contact support@yumkies.com. You release Yum Brand Corp (and Yum Brand Corp officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
SECTION 16 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Yum Brand Corp, its affiliates, officers, directors, employees, contractors, licensors, suppliers, and service providers from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to (i) your use or misuse of our baked goods, (ii) any breach of these Terms and Conditions by you, (iii) any violation of law or the rights of a third party by you, or (iv) any claims related to injuries, illnesses, or allergic reactions resulting from the consumption of our baked goods, including but not limited to any claim that you or any third party suffered damage or harm due to the quality, freshness, or ingredients of the baked goods.
This indemnification obligation will survive the termination of these Terms & Conditions and your use of our products and services.
SECTION 17 - SEVERABILITY
In the event that any provision of these Terms & Conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Services or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 19 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. These Terms & Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms & Conditions). Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.
SECTION 20 - LEGAL COMPLIANCE
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Yum Brand Corp's service and your listing, purchase, solicitation of offers to purchase, and sale of items.
SECTION 21 - GOVERNING LAW
These Terms & Conditions, and any separate agreements whereby we provide you products, shall be governed by and construed in accordance with the laws of the State of Pennsylvania, without regard to its conflict of law provisions. Any disputes that are not subject to arbitration shall be resolved in the state or federal courts located in Philadelphia, Pennsylvania.
SECTION 22 - SEVERABILITY
If any provision of these Terms & Conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms & Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 23 GIFTED ITEMS & THIRD-PARTY PURCHASES
By receiving Yumkies as a gift from Yum Brand Corp or any third party, the recipient expressly agrees to be bound by all Terms & Conditions set forth by Yum Brand Corp.
Assumption of Risk & Waiver of Liability
- The recipient acknowledges and assumes all risks associated with the consumption of Yumkies, including but not limited to food allergies, sensitivities, dietary restrictions, and any resulting effects.
- Yum Brand Corp disclaims all liability for any adverse reactions, injuries, illnesses, or damages arising from the gifted product.
- The recipient hereby waives, releases, and discharges Yum Brand Corp, its owners, affiliates, employees, and suppliers from any and all claims, liabilities, demands, or legal actions arising from or related to the gifted product.
Legal Compliance & Agreement to Terms
- By accepting Yumkies, the recipient agrees that they have read, understood, and accepted these Terms & Conditions.
- If the recipient does not agree to these Terms, they should not consume or use the product.
SECTION 24 - CHANGES TO TERMS & CONDITIONS
You can review the most current version of the Terms & Conditions at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms & Conditions should be sent to us at support@yumkies.com.
Updated: 02/04/2025