LEGAL NOTICE AND TERMS & CONDITIONS OF USE

These Terms & Conditions of Use constitute your agreement with Yoospot Tech Ltd. Read them carefully; these provisions bind you as soon as you access or use Yoospot Website www.yoospot.com or Mobile application (hereinafter, “App”) owned by Yoospot Tech Ltd. - Corporate name: Yoospot Tech Ltd. - Registered office: Talgarth Road Talgarth Mansions 79 W14 9DF, London, United Kingdom. - Unique Taxpayer Reference (UTR): 447800282A

The access or use of Yoospot Website or App by the user implies the user’s full acceptance of these Terms & Conditions of Use and obligation to fully comply with them. Attention: If you do not agree with all or some of these Terms & Conditions of Use, you should not use the Yoospot App or Website. If you are a Business Partner, using Yoospot Business App, these provisions also apply to you in addition to the Special Conditions and the conditions set at the time of your registration. Yoospot reserves its right to update, modify, amend or delete the present Terms and Conditions of Use, at any time, in whole or in part. It is therefore the user’s responsibility to regularly consult the latest version of the Terms & Conditions of Use.

Yoospot provides the user with an online platform to search and share trustworthy and reliable recommendations.

GENERAL TERMS & CONDITIONS OF USE

1.- CONDITIONS OF USE FOR YOOSPOT WEBSITE OR APP


The user is obligated to make proper use of the Website and App, with proper use understood to mean in compliance with the legislation in effect, good faith, and public order. The user is also committed to not use the Website and App for fraudulent purposes nor act in a way that could damage the image, interests, or rights of Yoospot or of any third parties. The user is also committed to not act with the intention of damaging or overloading the Website or App, making it unusable or that in any way interferes with their normal use and functioning. The user is hereby informed that, in the case of non-compliance with any of the obligations derived from the Terms & Conditions of Use of Yoospot Website or App or from any other individual terms or conditions, Yoospot reserves the right to limit, suspend, or terminate the user’s access to the Website or App, adopting any technical measures that may be necessary for this purpose. Yoospot also reserves the possibility of exercising such measures under circumstances where there is reasonable suspicion that the user is violating any of the above mentioned terms.
Yoospot reserves the right to update, modify, or delete the information contained on the Website and App, including the contents and/or services integrated into it, and may limit or not allow access to such information at any time and without prior notice. Yoospot especially reserves the right to delete, limit, or prevent access to the Website or App when technical difficulties arise due to facts or circumstances beyond Yoospot’s control, and which, in the judgment of Yoospot, may decrease or invalidate the security levels or standards adopted for appropriate operation of the Website or App. For such purposes, Yoospot reserves the authority to, at any time, decide whether to continue with the information society services that it provides through the Website or App.

2.- DESCRIPTION OF YOOSPOT APP


Yoospot App is a mobile platform where friends can exchange trustworthy and reliable recommendations. Users can collect, customize, organize and share their favorite places on the platform and get rewards.

2.1. Free Use of Yoospot App

The services offered on Yoospot App are generally for free. Fees may be applicable, in particular depending on changes to the services offered, the evolution of the network, and of technical and/or legal constraints. Users will be duly informed by an amendment to these Terms & Conditions of Use and/or by the insertion of special conditions relative to the paid-for services on the Yoospot Website or App.

Yoospot App may contain links to sites managed by third parties. These links are for information only. Yoospot does not control these sites and is not responsible for their content or for the privacy policy or other practices of such sites. The display of links to such sites does not constitute approval of the elements on these sites nor any association with the publishers of these sites. It is the users’ responsibility to carry out any checks deemed necessary or appropriate before using these sites or entering into a transaction with any of them.

2.3. Access and use of Yoospot App

2.3.1. Conditions of eligibility

Use of Yoospot App is subject to the following eligibility requirement: as a user (i) you are at least 14 years of age.

2.3.2 Access to Yoospot App

Yoospot reserves the right to suspend, delete or modify all or part of the Yoospot App or the services offered on it without prior notice. Yoospot also reserves the right to suspend access to the Yoospot App for all or any users due to maintenance, emergency (cyberattack, etc.) or for any other reasonable reason and at any time.

2.3.3. Conditions for opening an account

By opening an account, the user expressly and unreservedly accepts these Terms & Conditions of Use. Users undertake to provide accurate, up-to-date and truthful information, in particular regarding their title, last name, first name and email address, which are necessary for their proper identification in relation to the opening and maintenance of their account. We invite you to add a profile pic that better suits yourself.

2.3.4. Confidentiality of account credentials

During the creation of their account, users choose a password (“Credentials”) enabling them to access their account. The Credentials are personal and confidential. They can only be changed at the request of the user concerned or at the initiative of Yoospot. Users are solely and entirely responsible for the use of their account and the Credentials concerning them, and undertake to do everything possible to keep their Credentials confidential and to not disclose them to anyone in any form whatsoever.

2.3.5. Delete the account

Users may delete their account at any time. To do so, they must request it through the option showed in the Tools section. Yoospot will endeavor to process any account closure request within a reasonable period of time. Users are informed that as of the deletion of their account, they will no longer be able to benefit from the services offered by Yoospot and any accumulated Points, if any, will be deleted.

2.4. Users prohibited actions

Users agree to use Yoospot App in accordance with these Terms & Conditions of Use and applicable law. In particular, users agree not to engage in the prohibited actions mentioned below: - Modify,, copy, distribute, transmit, display, make available, reproduce, publish, license, create derivative works, transfer, sell or resell any information, software, products or services obtained from or through Yoospot App. The content and data of Yoospot App - including but not limited to messages, data, information, text, music, sounds, photos, graphics, videos, maps, icons, software, codes or any other element - as well as the infrastructure used to provide such content and information, belongs to Yoospot; - Copy, transmit, reproduce, re-issue, redistribute or transmit the content of Yoospot App, in whole or in part, without the prior written permission of Yoospot. To obtain this authorization, contact Yoospot at the following address: Yoospot Talgarth Mansions 79, Talgarth Road, W14 9DF, London, England - Use Yoospot App or its contents for illegal, illegitimate or fraudulent purposes; - Submit user content or content regarding places to Yoospot App that is illegal and in particular which invades privacy, is abusive, indecent, threatening, incites hatred or violence, or of which the intellectual property rights do not belong to them and for which they do not have the express permission of the rights holder; - Use, monitor, extract or copy the architecture, content or data of Yoospot App or the actions of any user on Yoospot App by using a robot, a spider, a scraper, Spyware, keystroke recorder or any other program or automatic device or manual process for any purpose; - Take any action that imposes, or could impose an unreasonable or excessive burden on the infrastructure of Yoospot App; - Attempt to modify, translate, adapt, revise, decompile, disassemble or reverse engineer any software program used by Yoospot in connection with Yoospot App or its services.

2.5. Penalty for breach of contract

2.5.1. Suspension or Termination of Yoospot app services

In the event of the total or partial non-compliance or non-respect by a user of any of the obligations or provisions of these Terms & Conditions of Use, or in the event that a user performs any of the prohibited actions as set out in these Terms & Conditions of Use, or for any other reasonable reason, Yoospot may modify, suspend, limit or remove access to any or all of the services of Yoospot app, including by deactivating the user’s account, without notice and without any right whatsoever for the user to claim compensation, and without prejudice to any compensation that Yoospot may otherwise claim in court.

2.5.2. Damages

Without prejudice to the penalties imposed by Yoospot under Article 2.5.1, Yoospot shall also be entitled to claim compensation for any damage incurred.

2.6. Contributions and user content

Users must follow the rules below when posting any user Content and in particular when posting a contribution on Yoospot app concerning a place or location.

2.6.1. Conditions for posting contributions
  • To post a contribution, users must have an account on Yoospot App that identifies them.
  • Contributions must be based on real experiences and information. Deliberately fake content, off-topic contributions, defamatory language, personal attacks and unnecessary or incorrect content are all in violation of our Terms & Conditions of Use. If you see this behavior, please report it.

    2.6.2. Reasons for rejecting user content

    User content may be rejected for the following reasons:

  • if the user does not adhere to the “Conditions for posting contributions” as set out above;

  • if Yoospot believes that a civil or criminal liability may be engaged;

  • if the user content or the elements relating to the identity of the author contain insults or vulgarities;

  • if the text of the user content contains random characters or word sequences with no meaning;

  • if the user content is unrelated to the place or location being reviewed or adding a useful contribution;

  • if the user content is or is suspected of being a breach of third parties’ intellectual property rights;

  • if the contribution raises issues of conflict of interest or fraud, or if Yoospot believes that it does amount to such conflict or fraud;

  • if the text of the user content is badly written to the point of being unintelligible;

  • if a user makes an inappropriate comment about another item of user content or its author;

  • if the user content contains personal information or elements likely to lead to identity theft, such as the first or last names of individuals who are not public persons, a telephone number, a postal address or an email address;

  • if the user content mentions websites, hypertext links, URLs, email addresses or telephone numbers; or

  • if the user content is clearly spam.

If a user is identified as having posted content which is fraudulent or that Yoospot believes to be fraudulent, Yoospot, after applying the procedures for the rejection or deletion of the content, may deactivate the user’s account, and delete all of their contributions (which will annul any accumulated Points).

2.6.3. Moderation of contributions

Yoospot has no obligation to moderate or remove contributions. Yoospot moderates the contributions, on a reasonable endeavors basis to ensure that the contributions are in compliance with these Terms & Conditions of Use with and proceed with publishing, rejecting or deleting them. Users may request the moderation of a previously published contribution by sending an email to [email protected] specifying the reasons for their moderation request.

2.6.4. Use of the user content

Users agree that by posting user content on Yoospot App they automatically grant an irrevocable, permanent, non-exclusive, royalty-free license to Yoospot to use, copy, display, adapt, modify, translate, distribute, have distributed or promoted, incorporate into any advertisements or other materials, create derivative works thereof, enhance, disseminate, or otherwise distribute such user content with no territory limitations, and to enable third parties to do the same, this in any media whether online or not. In addition, by posting user content on Yoospot App, users automatically grant to Yoospot all rights necessary to prohibit any display, aggregation, copying or use of such user content by any third party for any purpose whatsoever. Users agree not to exercise their rights on the user content in a manner incompatible with the licenses granted above. Users represent and warrant that they are entitled to grant the above licenses.

3. PRIVACY POLICY – PERSONAL DATA PROTECTION


Yoospot has a Privacy Policy in place to protect users privacy and regulate aspects related to processing the personal data which apply on Yoospot Website and App.

4. COOKIES


Like many other websites with commercial content, the Website may use a technology known as “cookies”. The Cookies Policy provides the user with detailed information on how Yoospot uses cookies.

5. INTELLECTUAL PROPERTY


Users agree not to submit, copy, resell, republish, or, in general, make available in any form whatsoever any content, data, information or item received from Yoospot or available on Yoospot Website and App, to another individual or legal entity from any country. All intellectual property rights relating to the content and information on Yoospot Website and App belong to Yoospot, with the exception of third party rights, for which Yoospot has obtained the necessary rights or licenses. The rights conferred to users by using Yoospot Website and App and the services supplied by Yoospot do not entail any license of rights or permission to use or exploit any part of Yoospot Website or App. All elements (brands, designs, texts, hyperlinks, logos, images, videos, sounds, software, screen lay-out, databases, codes etc.) in/on Yoospot Website and App and on associated sites are protected by national and international intellectual property law. These elements remain the sole property of Yoospot and/or its licensors. Therefore, without prior written permission from Yoospot and/or its partners, users may not reproduce, represent, republish, redistribute, adapt, translate and/or amend in part or in full, or transfer to another media, any information from Yoospot Website or App. Users acknowledge and understand that failure to comply with the provisions constitutes an infringement punishable by civil and criminal law.

6. LIMITATIONS OF LIABILITY


6.1 Warning

Yoospot offers no warranty in relation with the content, objectivity or accuracy of the user content, including but not limited to the contributions posted by users on Yoospot App.

6.2 Modification of Yoospot Website or App

Given the interactivity of Yoospot Website or App, all the information it contains is subject to change at any time, without this engaging the responsibility of Yoospot.

6.3 Use of Yoospot Website or App

Due to the specific nature of the Internet, Yoospot does not warrant uninterrupted access to Yoospot Website or App or service continuity, the only obligation of Yoospot being one of reasonable endeavors in this respect. Yoospot shall not be liable for any failure to access Yoospot Website or App or for any damage or loss arising out of the use or inability to use Yoospot Website or App or its content, except as provided by law. Yoospot does not warrant that the information displayed is detailed, complete, verified or accurate. The places and locations content, information, restaurant pages and, in general, any content on Yoospot Website or App are provided “as is” without any express or implied warranties of any kind whatsoever.

6.4 Users warranties and indemnities

Users warrant that they are fully familiar with the features and limitations of the internet. In particular, they acknowledge that it is impossible to guarantee that the data/communications sent by users over the internet are exposed to a variety of threats and may not be considered as secure Yoospot cannot be held responsible for any incidents which could arise from this transmission of data. Yoospot also does not guarantee the full security of its systems, and although appropriate security measures have been adopted, the existence of vulnerabilities cannot be fully eliminated and the user must therefore use caution when interacting with Yoospot Website or App. Users agrees to indemnify Yoospot against any liability, damage, expense, claim or cost, incurred by Yoospot arising from any claim or dispute, in or out of court, in relation with the use of the services of Yoospot, including the posting of user content on Yoospot Website or App by users. In any case, users explicitly acknowledge and agree to use Yoospot Website or App at their own risk and under their sole responsibility. It is the user’s responsibility to adopt all appropriate technical measures to reasonably control threats, including among others, possessing updated detection systems for malicious software such as viruses, Trojans, etc., as well as keeping security patches up-to-date in the corresponding browsers.

In particular, Yoospot will not be liable for: - Damages or losses of any type caused to the user’s computer equipment by viruses, worms, Trojan horses, or any other harmful element. - Damages or losses of any type caused to the user by malfunctions or disconnections in the telecommunication networks that lead to suspension, cancellation, or interruption of the Yoospot Website or App services while they are being provided. In relation to this, the user hereby recognizes that access to Yoospot Website or App requires services supplied by third parties that are beyond Yoospot’s control (for example: operators of telecom networks, access providers, etc.) where Yoospot is not in control of the reliability, quality, continuity, and operation. - Information from third parties in cases where Yoospot is acting as an intermediary service provider. - Damage or injury, whether direct or indirect, that the users may suffer by improper use of the Yoospot Website or App or its contents, Yoospot does not assume any commitment to providing notification of changes to the content or to modifying it.

7. OTHER PROVISIONS


7.1 Severability

In the event that any provision of these Terms & Conditions of Use are declared null and void, illegal, unenforceable or inapplicable, the validity, legality, enforceability or application of the other provisions of these Terms & Conditions of Use shall in no way be affected or impaired, these other provisions remaining in force and retaining their full effect. The titles of the articles herein are for illustrative purposes only and are not to be considered an integral part of these Terms & Conditions of Use.

7.2 No waiver

Except as may be otherwise provided in these Terms & Conditions of Use, the failure or delay by Yoospot in exercising any of its rights or remedy under the terms of these Terms & Conditions of Use, shall not constitute a waiver of the right or remedy or prevent any further exercising of the right or remedy.

7.3 Applicable law & Jurisdiction

To the extent permitted by law, these Terms & Conditions of Use and relationship between Yoospot and users are governed and interpreted in accordance with by UK law. To the extent permitted by law, where these Terms & Conditions of Use have been drafted or translated into other languages, only the English version of these Terms & Conditions of Use shall prevail. To the extent permitted by law, any claim, dispute or matter arising under or in connection with these Terms & Conditions of Use shall be dealt with by the competent courts of London.

YOOSPOT POINTS & REWARDS.- SPECIAL CONDITIONS

These Yoospot Points & Rewards – Special Conditions complement the General Terms & Conditions of Use. In the event of any inconsistency between the provisions of Yoospot Points & Rewards – Special Conditions and those of the General Terms & Conditions of Use, the provisions of this Yoospot Points & Rewards – Special Conditions shall prevail. Any user who holds an account on the Yoospot App can collect Yoospot Points and get rewards for them. This is free and automatic. Rewards have an expiration date, as indicated, but Points don’t expire.

1. EARNING POINTS


Users can earn Yoospot Points by: - Inviting friends to join the App: Users can invite friends to join the Yoospot community by sending them an invitation with a link to download the App. If a user’s friend downloads Yoospot with the link provided and signs up, both the user and the friend earn Yoospot Points. - Replying to friends when they ask for recommendations on the App: Helping friends by replying to a question they sent in the App. Users can send them a recommendation and earn Yoospot Points. - Trying out one of the promoted partner places. When there are partner places available near the user, a new section will be visible in the app. In this section, users can explore new places that are handpicked and promoted by Yoospot. Users will see in the details of each place how many Yoospot Points can be earned by visiting the place. Once the users are at the place, they can ask an employee to scan their QR code and the Yoospot Points will be credited. The number of points assigned to a Business Partner is set by Yoospot and may change over time.

At Yoospot we promote only places that we believe are great and deserve a bigger audience. Our goal is to make you discover your next favorite.

2. CHECKING YOOSPOT POINTS & REWARDS


2.1 Checking Yoospot Points

Users can see in their profile how many Yoospot Points they already collected and how many are still missing to get one of the Rewards. Users can check out the Rewards section in the App to see what Yoospot Points can get them.

2.2 Rewards

Yoospot Points can be used to redeem Rewards. Such rewards can be e.g. vouchers or discounts for products and services among others, provided by Yoospot partner companies or other companies. There is no fixed conversion of Yoospot Points into value of vouchers, services or products. Rewards may change in its nature and value over time. Please check the reward section in the App frequently to see which Rewards are available for a certain number of points. Each Reward is limited in number. The actual available number of a specific Reward is visible in the rewards section of the App. Each Reward has an expiration date, which is visible in the Rewards section as well. If a Reward is expired, Yoospot reserves the right to extend the Reward, to replace the Reward or not to. Once the user has chosen and redeemed a Reward it can’t be exchanged for a different Reward or returned. Rewards can’t be reimbursed. By redeeming a Reward, the user agrees to our general Terms & Conditions and those which specifically apply to the Reward redeemed. As well as to those Terms & Conditions formulated by Yoospot partners or other companies in connection with Rewards for services or products they provide. Users should check the website of the partner or company for detailed information. Each reward may have additional specific conditions which can be seen in the details of a reward in the rewards section of the app. Yoospot Points are strictly personal, have no monetary value and cannot be loaned, transferred, or sold to anyone or used for any purpose other than those defined by Yoospot.

2.3. DELETION OF YOOSPOT POINTS

Yoospot reserves the right to withhold or delete Yoospot Points obtained by any user where Yoospot reasonably determines or believes they were obtained by fraud, illegally, in error or in violation of these Terms & Conditions of Use. Furthermore, failure by users to comply with these Terms & Conditions of Use, any abuse or fraudulent use of Yoospot Website, App, Yoospot Points, or any behavior prejudicial to the interests of Yoospot may result in the deactivation of the user’s account and/or the immediate deletion of all or part of the Yoospot Points obtained in the, without prior notice or compensation.

2.4. MODIFICATION/SUSPENSION OF YOOSPOT POINTS & REWARDS

Yoospot reserves the right to modify, suspend, or terminate Yoospot Points & Rewards at any time without incurring any liability whatsoever. In this case, Yoospot will inform users by email and/or posting on Yoospot Website indicating the new terms and conditions of Yoospot Points & Rewards and/or the terms of the closure of Yoospot Points & Rewards.

2.5. LIMITATION OF RESPONSIBILITY

Yoospot cannot be held liable for any claims relating to Yoospot Points after they have been duly attributed to a user by Yoospot. Yoospot has no liability once Yoospot Points have been converted into Rewards by a user. The risk of loss and title for Rewards pass to the receiving person upon our electronic transmission of the Reward to the provided email address of the receiving user or designated recipient, or our delivery to the carrier, whichever is applicable. Yoospot is not responsible if any Rewards are lost, stolen, destroyed, used without the user permission or if the email address provided is not correct. Yoospot makes no warranties, express or implied, with respect to Rewards. Yoospot is not responsible for any failure by the partner company or other company to meet the user’s expectations in connection with the Reward redeemed. In any event, Yoospot declines any responsibility in connection to Yoospot Points & Rewards in the event of contractual breach and/or fault of the user.

BUSINESS APP – SPECIAL CONDITIONS

These Business App – Special Conditions complement the General Terms & Conditions of Use. In the event of any inconsistency between the provisions of Business App – Special Conditions and those of the General Terms & Conditions of Use, the provisions of this Business App – Special Conditions shall prevail. Yoospot Business App allows Business Partners to scan the codes, needed for users to earn Yoospot Points by trying out one of the promoted partner places, as set in Yoospot Points & Rewards – Special Conditions.

1. Use of Yoospot Business App

The service offered by Yoospot Business App is not for free. A commission per guest (per transaction) or a monthly subscription fee applies to Business Partners. Business Partners will be duly informed by an amendment to these Special Conditions relative to the paid-for services on the Yoospot Business App.

2. Points & Rewards for User by Business Partners

Business Partners may offer discounts, offers and or vouchers. Business Partners may change such discounts, offers or vouchers value over time. The number of transactions will be determined by the number of scanned QR codes. Each person has an individual none transferrable QR code. QR codes need to be scanned for every person, as groups cannot share a QR code. Business Partners have the option to set a minimum spend per person. The number of points assigned to a Business Partner is set by Yoospot and may change over time.

Last update: July 2019