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1.1. These terms and conditions of use, together with any documents referred to in them (together the “Conditions”), set out the terms which apply to your use of and access to our website yoller.com and any related website, subdomain, mobile application or other software application operated by us (together the “Site”), whether you are using or accessing the Site as a guest or a registered user.
1.2. By accessing or using the Site you are agreeing to comply with and be bound by these Conditions. If you do not agree to be bound by these Conditions (or any part of them) please do not use or access the Site.
1.3. The Site is owned and operated by Yoller Ltd, a company registered in England and Wales with company number 10053401 whose registered office is situated at Larch House, Parkland Business Park, Denmead, Hampshire, UK, PO7 6XP (“Yoller/we/us/our”). The term “you” refers to the user (whether an individual or a brand) wishing to access and/or use the Site.
1.4. Brands wishing to access and/or use the Site may only do so subject to acceptance of any additional business terms that we may issue to you and/or agree with you from time to time (“Business Terms”). If you would like to become a commercial partner of Yoller please email firstname.lastname@example.org.
2.1. We permit you to use the Site only in accordance with these Conditions. Use of the Site in any other way, including in contravention of any restriction on use set out in these Conditions, is not permitted. If you do not agree with the applicable terms you may not use the Site. In particular and without limitation, as a condition of your use of the Site you agree:
2.1.1. not to use the Site to carry out or promote any activity that is unlawful in any way under any applicable law; and
2.1.2. not to use the Site for any purpose that is prohibited by these Conditions; and
2.1.3. not to use the Site in excess of objectively reasonable usage limits, for example not to use the Site in a way that places undue strain on the Site’s underlying technical infrastructure or in a way that could prevent the proper use of the Site by other users.
2.2. Where you are an individual user you should only use the Site for your own personal purposes.
2.3. Where you are a business user and intend to use the Site for business purposes you may only do so:
2.3.1. in accordance with applicable law and any applicable industry rules, regulations or codes of practice to the extent that they apply to your use of the Site; and
2.3.2. in accordance with any applicable Business Terms.
2.4. The Site is intended for use by persons aged 17 years and over. By downloading Yoller you are affirming that you are aged 17 years or over or that that you have obtained parental or legal guardian consent, and are fully able and competent to accept and comply with these Conditions.
3.2. It is important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you do not, we may not be able to make the Site and our services available to you and we might even have to suspend or terminate your Account.
3.3. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures (“Account Information”), you must treat such Account Information as confidential and you must not disclose it to any third party.
3.4. You should not use another person’s Account without their permission. If you know or suspect that anyone other than you knows your Account Information, or has accessed your Account without your permission, you should promptly notify us.
3.5. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Conditions.
4.1. If you establish an Account on behalf of a company, organisation, entity, or brand (a “Brand”, and such Account a “Brand Account”), the terms “you” and “your”, as used throughout these Conditions, apply to both you and the Brand, as applicable.
4.2. If you open a Brand Account, you represent and warrant that you are authorised to grant all rights and licences provided for in these Conditions and to bind the Brand to these Conditions accordingly, including all obligations set out in them.
4.3. If you create an Account as an individual user and at a later date you wish to use that Account for business purposes (i.e. use it as a Brand Account) then you must tell us by sending an email to email@example.com.
5.1. Our Site allows registered users to arrange activities, social events and other meet-ups (each a “Plan”) and share these Plans with other selected individuals. You must be a registered user of the Site (i.e. you must have an Account) in order to create and send Plans.
5.2. Once you (as the “Organiser”) have created a Plan through the Site you can use the Site to invite others (each an “Invitee”) to participate in that Plan by sending an invitation to the Invitee(s) (“Invitations”) setting out the Plan details. Invitees may or may not also be registered users of the Site.
5.3. When you send an Invitation through the Site you are authorising Yoller to contact the relevant Invitee(s), using contact details you have provided, to notify them that you are inviting them to join your Plan. This notification will include your name, phone number, email address and other contact details that you include in the invitation.
5.4. Creating a Plan through the Site does not give rise to any legal obligation or commitment on the part of Yoller, the Organiser or the Invitee(s) to facilitate and/or participate in that Plan.
5.5. The Organiser is solely responsible for all information, content and details contained within a Plan. Although we reserve the right to do so, Plansnap shall not be obliged to monitor or approve, and shall not be responsible or liable in any way for, any such information, content or details contained within a Plan.
6.1. Any specific reservation(s), booking(s) or other arrangement(s) that are required to facilitate a Plan shall be the sole responsibility of the Organiser and/or the Invitees (as applicable) and Yoller will not be responsible or liable in any way, whether to the Organiser, the Invitee(s) or to any third party, for:
6.1.1. making, facilitating or confirming any such reservation(s), booking(s) or other arrangement(s); or
6.1.2. any failure of the Organiser, the Invitee(s) and/or any third party to reserve, book, arrange, facilitate, attend or otherwise participate in a Plan; or
6.1.3. any costs or expenses associated with any Plan.
6.2. In no event will Yoller or any Yoller group company be liable to any user of the Site, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, for any losses or damages arising out of or in connection with use of, or inability to use, the Site, or with reliance on any Content (as defined below) available on or through the Site, including, without limitation, any loss of profits, data, goodwill, sales, business, revenue, anticipated savings, business opportunity, reputation (in all these cases whether direct or indirect), any business interruption (whether direct or indirect), or any indirect, consequential or special loss or damage.
6.3. Yoller does not warrant that the functions or materials accessible from or contained in this Site will be uninterrupted or error free, that defects will be corrected, or that this Site or the server(s) that make the Site available are free from viruses or bugs or represent the full functionality, accuracy and/or reliability of the same. To the fullest extent permitted by law, Yoller excludes all conditions, warranties and/or representations, whether express or implied, which may apply to the Site or any Content on it.
6.4. Nothing in these Conditions shall exclude or limit Yoller’s liability for death or personal injury resulting from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be lawfully excluded or limited.
7.1. While Yoller has taken care in the preparation of the Site, the Site and any content thereon (including any information, names, images, pictures, logos, icons whether regarding or relating to Yoller or any third party products and services available through the Site, together “Content”), are provided on an ‘as is’ basis and we make no representations, endorsements, warranties or guarantees of any kind, whether express or implied, that the Site and any Content thereon is accurate, complete, up-to-date, secure, of satisfactory quality, fit for any particular purpose or compatible with any third party systems. To the fullest extent permitted by law, all such terms and warranties are hereby excluded.
7.2. While we take reasonable care to ensure that the Content on the Site is accurate, please note that the Content is not intended to constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. Any reliance that you may place on the Content on the Site is at your own risk.
7.3. While we try to make sure that the Site is available for your use, we do not promise that the Site is or will be available at all times nor do we promise the uninterrupted use by you of the Site. If you have any difficulties using the Site, please contact us.
8.1. References in these Conditions to “Intellectual Property Rights” means copyright, patents, rights in inventions, rights in confidential information, know-how, trade secrets, trade marks, service marks, trade names, design rights, rights in get-up, database rights, rights in data, domain names, rights in computer software (including source code and object code) and all similar rights of whatever nature and, in each case: (i) whether registered or not, (ii) including any applications to protect or register such rights, (iii) including all renewals and extensions of such rights or applications, (iv) whether vested, contingent or future and (v) wherever in the world they exist.
8.2. Unless specifically indicated otherwise, the Site and all Content presented on the Site, together with all Intellectual Property Rights therein, are owned by Plansnap, our licensors or both (as applicable). Such Intellectual Property Rights are protected by copyright laws and treaties around the world. We and our licensors reserve all of our and their rights in any such Intellectual Property Rights in connection with these Conditions. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
8.3. The Site and the Content thereon are available for browsing and reference purposes only and nothing in these Conditions grants you any legal rights to access or use the Site or any Content thereon for any other purposes. You may not use the Site or any Content thereon for any further or additional uses, and in particular may not reproduce or otherwise make available the same in whole or in part, without the prior written consent of Plansnap or our licensors (if applicable). In addition, none of the Content on the Site may be copied, altered in any way, or transmitted or distributed to any other party without our prior express written permission.
8.5. We reserve the right to remove any User Data that we (in our absolute discretion) deem inappropriate, abusive, unlawful or otherwise contrary to, or in breach of, these Conditions or the proper use of the Site (“Infringing User Data”). Yoller shall not be responsible or liable, in any way, to any third party in respect of any Infringing User Data.
9.1. We reserve the right to:
9.1.1. modify or withdraw, temporarily or permanently, this Site (or any part thereof) with or without notice to you and we shall not be liable to you or any third party for any modification to or withdrawal of the Site; and
9.1.2. prevent or suspend your access to the Site, including by preventing you from setting up an Account or by suspending or closing any existing Accounts, for any reason in our ultimate discretion, including (without limitation) if you do not comply with any part of these Conditions, any terms or policies to which they refer, or any applicable law; and
9.1.3. change or update the Conditions from time to time, and your continued use of the Site (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Site.
10.1. In order to provide increased value to you, we may provide links or references on the Site (including banner and pop-up advertising) to third party websites or resources (“Third Party Sites”) for you to access at your sole discretion.
10.2. You acknowledge and agree that Yoller has no control over, and is not responsible or liable (whether directly or indirectly) for:
10.2.1. the availability of any Third Party Sites;
10.2.2. the privacy practices of any Third Party Sites;
10.2..3. the content of any Third Party Sites, including (without limitation) any advertising, content, products, goods or other materials, services or information on or available from such Third Party Sites;
10.2.4. any use others make of such Third Party Sites; or
10.2.5. any damage, loss or offence caused or alleged to be caused by, or in connection with, the use by you of, or reliance by you on, any such advertising, content, products, goods or other materials, services or information available on or through Third Party Sites.
10.3. The display of any link and/or reference to any Third Party Site does not mean that we endorse that website or resource or any materials, services or information available on or through it. Any reliance you place on such a link or reference is done at your own risk.
10.4. Your use of a Third Party Site may be governed by the terms and conditions of such Third Party Site. It is your responsibility to ensure that such terms and conditions are acceptable to you.
10.5. You may link to the homepage of the Site from another website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not present or establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice and to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by us to remove any such link.
11.1. We do not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your device in order to access the Site and you should use your own virus protection software. We will not be liable for any loss or damage caused by a virus or any other technologically harmful material that may infect you due to your use of the Site.
12.1. We will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labour disputes, or other similar events beyond our control that may prevent or delay service provisioning.
13.2. Unenforceable provisions – If any part of these Conditions (or any terms and conditions relating to a service referred to in the Site) should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which such terms and conditions are intended to be effective, then to the extent of such illegality, invalidity or unenforceability, and in relation to such state or country only, such terms or condition shall be deleted and severed from the rest of the relevant terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
13.3. Compliance with law – The Site has been prepared, and is intended for use, in accordance with the laws of England and Wales. If you access the Site from locations outside of England and Wales you are responsible for compliance with local laws where they are applicable.
13.4. Rights of third parties – No one other than you or us has any right to enforce any of these Conditions.
13.5. Variation – These Conditions are dated 16th April 2018. No changes to these Conditions are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Conditions from time to time. Our new Conditions will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Conditions from time to time to verify such variations.
14.1. These Conditions, their subject matter and formation, are governed by the laws of England and Wales. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.