Terms and Conditions

Please read these terms and conditions carefully before using Our Service.

Last update: August 16, 2024

1 YACOOBA Platform

YACOOBA Platform is an online marketplace that offers tailored travel packages (including Event Tickets) to Attendees, communicates with Attendees, and concludes contracts with Attendees as an agent of the Event Producer.

YACOOBA owns and operates the YACOOBA Platform available at www.yacooba.com. Using the YACOOBA Platform, Attendees can purchase YACOOBA services such as Event Tickets, travel and hotel bookings, and other travel and lodging services, to create tailored travel packages.

2 Acknowledgment

These are the Terms and Conditions governing the use of this YACOOBA Platform and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the YACOOBA Platform.

Your access to and use of the YACOOBA Platform is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the YACOOBA Platform.

By accessing or using the YACOOBA Platform, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the YACOOBA Platform.

You represent that You are over the age of 18. The Company does not permit those under 18 to use the YACOOBA Platform.

Your access to and use of the YACOOBA Platform is also conditional upon Your acceptance of and compliance with YACOOBA’S Privacy Policy. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the YACOOBA Platform and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using the YACOOBA Platform.

3 Interpretation

Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

Clause and paragraph headings shall not affect the interpretation of this agreement.

Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

If any provision is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way.

4 Definitions

For the purposes of these Terms and Conditions:

Account

means a unique account created for You to access the YACOOBA Platform or parts of the YACOOBA Platform

Affiliate

means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Attendees

means individuals who purchase Event Tickets on the YACOOBA Platform and attend events.

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement)

refers to Yacooba Limited, a company incorporated in England and Wales under number 14528043 whose registered office is at Tramshed Tech, Unit D Pendyris Street, Cardiff, Wales, CF11 6BH (“YACOOBA”).

Content

refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You or a third party, regardless of the form of that content.

Event Producer

means any event promoters and organisers, and any other persons involved in the organisation of events to which the Services relate.

Event Tickets

mean an admission ticket(s) for an event being organised by an Event Producer.

Feedback

means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of Our YACOOBA Platform.

Force Majeure

means circumstances beyond a person or entity’s reasonable control, including earthquakes, floods, fires, other natural catastrophes, acts of war (whether declared or not), acts of terrorism, riots, civil disturbances, pandemics, epidemics, government actions, nuclear or chemical contamination, electrical or internet outages, failures of public infrastructure, and strikes.

Orders

mean a request by You to purchase Services from Us.

Package

means a combination of at least two different types of Services for the purposes of the same trip or holiday as defined in the Package Travel and Linked Travel Arrangements Regulations 2018.

Promotions

refer to contests, sweepstakes or other promotions offered through the YACOOBA Platform.

Services

refer to the event, accommodation and transport services offered for sale on the YACOOBA Platform.

Terms and Conditions (also referred as “Terms”)

mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the YACOOBA Platform.

Ticket Resale Marketplace

means YACOOBA’s peer-to-peer marketplace which allows You to resell Event Tickets according to the resale rules set by the Event Producer.

YACOOBA Platform

means the internet booking platform operated by YACOOBA accessible via https://yacooba.com/, related websites, affiliate websites, partner websites, apps, partner apps, tools, partner tools, devices, or other facilities.

You (also “Your”)

means the individual accessing or using the YACOOBA Platform, or the company, or other legal entity on behalf of which such individual is accessing or using the YACOOBA Platform, as applicable.

5 Our Offering

Our offering and responsibilities differ depending on what You book:

Event Tickets

We act as an agent for Event Producers to sell Event Tickets. We will provide the Event Tickets to You via your YACOOBA account. Except as stated otherwise in these Terms, We will have no liability to You for the actual provision of the Event Tickets.

Packages

We accept responsibility as an ‘organiser’ under the Package Travel and Linked Travel Arrangements Regulations 2018. You purchase a Package when You buy two or more different types of Services which are combined for the purposes of the same trip.

Subject to these Terms, We are required to remedy any lack of conformity with Your contract, unless it is impossible to do so or costs would be disproportionate.

Where You purchase an Event Ticket or a Package, you may also upgrade to include the YACOOBA’s Event Ticket and Package Refund Programme (Programme) in your purchase. The Programme must be purchased at the time You purchase an Event Ticket or Package and cannot be purchased at a later date.

To read the Programme’s Terms and Conditions, please click here. The Programme Terms and Conditions will apply in addition to the Terms and Conditions. Please pay particular attention to the circumstances where You are eligible for a refund and where You may be excluded from receiving a refund under the Programme.

6 Placing Orders on the YACOOBA Platform

By placing an Order for Services through the YACOOBA Platform, You warrant that You are legally capable of entering into binding contracts. You also acknowledge that YACOOBA sells the Services as an agent of the Event Producer, except where You have purchased a Package.

If You purchase Services through the YACOOBA Platform on behalf of a company or other legal entity, You acknowledge that You have the authority to bind that company or other legal entity. These Terms and any references to “You” shall also apply to that company or other legal entity.

7 Your Information

If You wish to place an Order for Services available on the YACOOBA Platform, You may be asked to supply certain information relevant to Your Order including name, email, phone number, ID/passport, credit card details and shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to Us is accurate and complete.

All card payments are processed on our behalf by Stripe, in accordance with their terms. Stripe’s role is to accept and process credit card, debit card and other types of payments with respect to sales of the Services.

You are responsible for keeping Your information up to date and accurate at all times.

8 Event Tickets

8.1 Types of Event Tickets

Legacy ticket – This is a traditional Event Ticket which will be sent to your email address in PDF form. The QR code is static, so you will not require an internet connection to show your Event Ticket at the event. You may download this Event Ticket in advance of attending the event.

Secure ticket – This Event Ticket has a dynamic QR code which is only valid for a short period of time. You’ll need a reliable internet connection and access to your YACOOBA account to show your Event Ticket at the event.

It is your responsibility to ensure you are able to provide your Event Ticket at the entrance to any event. You will not be entitled to any refund if you cannot access your Event Ticket due to a failure to download Your Event Tickets or where you cannot access your YACOOBA account to show your Event Ticket.

8.2 Purchasing Event Tickets

Before completing Your purchase, YACOOBA will give You the opportunity to review and confirm the essential elements of the transaction.

Any Event Ticket that You purchase from Us is the property of the relevant Event Producer. The Event Producer shall at all times retain the right to cancel Your purchase or refuse Your admission at the event.

Event Producers may apply additional terms and conditions to Your reservation and purchase of Event Tickets, and other related services that You select. Any additional terms and conditions will be available on the event page. Please read them carefully.

At the discretion of the relevant Event Producer, you may only be able to purchase a limited number of Event Tickets per event. We reserve the right to cancel any purchase that does not comply with such limits.

It is Your responsibility to provide a valid email address which ensures that You are able to receive the Event Tickets we send prior to the event. You will not be entitled to any refund where You fail to provide a valid email address or cannot access your YACOOBA account where you have received Your Event Tickets.

8.3 Order confirmation

Upon completion of the transaction through the YACOOBA Platform, You will receive an Order confirmation via email. This confirmation will be conditional on any payment being validated and confirmed.

If You have any reason to believe that Your purchase through the YACOOBA Platform has not been successful, such as a failure to receive an Order confirmation or an error message during the purchase, it is Your responsibility to confirm whether Your purchase has been successful and rectify any error that may have occurred. We will not be liable for any loss incurred as a result of a failure to check if a purchase was successful.

If You have any reason to believe that the Event Tickets You receive following Your purchase are incorrect or invalid, it is Your responsibility to use the YACOOBA Platform to confirm whether Your Event Tickets are correct and valid and rectify any error with them. We will not be liable for any loss incurred as a result of a failure to report an error on the Event Tickets that would be noted upon reasonable inspection.

We will not be liable for any error in connection with Your purchase or attendance as a result of images or details of Your Event Tickets being posted online by You. Please do not do this as it may make Your Event Tickets vulnerable to third party interference.

8.4 Ticket resale

You are not permitted to purchase any Event Tickets from YACOOBA with the intention of reselling them, unless the Event Producer have given You express permission to do so by enabling the peer-to-peer Ticket Resale Marketplace for the Event.

By activating the Ticket Resale Marketplace, the Event Producer is authorising the Event Ticket Holders to resell their Event Tickets according to the resale rules set by the Event Producer. These rules may include royalties for each transaction as well as price caps.

We reserve the right to cancel any Event Tickets that We reasonably believe have been purchased with the intention of resale.

9 Packages

9.1 What is a Package?

A Package may consist of the following:

Event Tickets and accommodation; or
Event Tickets and airline ticket; or
Event Tickets, accommodation and airline ticket.

9.2 Your Key Rights

Where you purchase a Package. You will benefit from all rights applying to Packages. These rights include:

You will receive all essential information about the package before concluding the Package travel contract.

There is always at least one trader who is liable for the proper performance of all the Services included in the Package.

You are given an emergency number or details of a contact point where they can get in touch with the organiser or travel agent.

You may transfer the Package to another person, on reasonable notice and possibly subject to additional costs.

The price of the Package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, You may terminate the contract. You have a right to a price reduction if there is a decrease in the relevant costs.

You may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the Package, other than the price, are changed significantly. If, before the start of the Package, the trader responsible for the Package cancels the Package, You are entitled to a refund and compensation where appropriate.

You may terminate the contract without paying any termination fee before the start of the Package in the event of exceptional circumstances. Exceptional circumstances include (but are not limited to) war or the threat of; serious security problems at the destination which are likely to affect the Package; riot or civil disturbance; terrorist or threatened terrorist activity; and natural disasters.

Additionally, You may at any time before the start of the Package terminate the contract in return for an appropriate and justifiable termination fee.

If, after the start of the Package, significant elements of the Package cannot be provided as agreed, suitable alternative arrangements will have to be offered to You at no extra cost. You may terminate the contract without paying any termination fee, where Services are not performed in accordance with the contract and this substantially affects the performance of the package and YACOOBA fails to remedy the problem.

You are also entitled to a price reduction or compensation for damages or both where the Services are not performed or are improperly performed.

YACOOBA will provide assistance if You are in difficulty. YACOOBA can provide appropriate information on health services, local authorities and consular assistance; and assist You with making distance communications and helping You find alternative travel arrangements. YACOOBA may charge a fee for such assistance if the difficulty is caused intentionally by You or through Your negligence.

If YACOOBA or the retailer becomes insolvent, payments will be refunded. If YACOOBA or, where applicable, the retailer becomes insolvent after the start of the Package and if transport is included in the Package, repatriation of You is secured. YACOOBA has taken out insolvency protection with Travel & General Insurance Services Limited. You may contact this entity or, where applicable, the competent authority (contact details, including name, geographical address, email and telephone number) if Services are denied because of YACOOBA’s insolvency.

You can access The Package Travel and Linked Travel Arrangements Regulations 2018 here.

9.3 Information

Before You purchase a Package, YACOOBA will provide you with specific information including:

the main characteristics of the Package;

total price of the Package;

YACOOBA’s name and details; and

information on the cancellation policy.

After You purchase a Package, YACOOBA will provide you with a copy of the Order confirmation via email. This confirmation will be conditional on any payment being validated and confirmed. You will also receive a copy of these Terms.

If You have any reason to believe that the tickets You receive following Your purchase are incorrect or invalid, it is Your responsibility to use the YACOOBA Platform to confirm whether Your tickets are correct and valid and rectify any error with them. We will not be liable for any loss incurred as a result of a failure to report an error on the ticket that would be noted upon reasonable inspection.

We will not be liable for any error in connection with Your purchase or attendance as a result of images or details of the Package being posted online by You

9.4 Conformity

If YACOOBA fails to arrange or perform the Package arrangements in accordance with the booking, YACOOBA will remedy any resulting lack of conformity, unless the lack of conformity is caused by You, it is impossible to do so, or costs would be disproportionate, taking into account the lack of conformity and the value of the travel services affected.

Where YACOOBA is unable to address a lack of conformity that substantially affects the performance of the Package, You may terminate without paying a termination fee and You will be entitled to an appropriate price reduction, and compensation if appropriate.

You accept that You must inform YACOOBA and the supplier concerned without undue delay about the lack of conformity and that You will allow YACOOBA a reasonable period in which to remedy it. Please raise a request via the YACOOBA Platform.

9.5 Transfer of the Package

You have the option to transfer a Package to another traveller if You provide notice of the intended transfer at least 7 days before commencement of the Package.

The new traveller must satisfy all the conditions applicable to the Package, including agreeing to the Terms.

You will be required to pay an amendment fee and all costs/charges that may be incurred by YACOOBA and You and the new traveller will be liable for payment of any balance due and any additional fees, costs and charges as a result of the transfer.

Please be aware that many airlines do not permit name changes after tickets have been issued.

9.6 Significant Changes to the Package

YACOOBA reserves the right to make insignificant changes to the Package such as:

A change of accommodation to another accommodation of the same standard; or

A change in any departure time of 12 hours of less.

However, where YACOOBA is required to significantly alter the main characteristics of the package, or cannot fulfil any of Your special requirements which have been previously accepted or the price of the Package is increased by more than 8%.

YACOOBA will inform You of this without undue delay and provide You with the following options:

to terminate the Package without paying a termination fee;

agree to the significant changes; or

accept an offer of alternative arrangements of equivalent or higher value, at no extra cost.

YACOOBA will communicate these changes with You in a clear, comprehensible and prominent manner on a durable medium. You must notify YACOOBA within 7 days if you wish to terminate the Package or accept an offer of alternative arrangements. If You fail to do so, YACOOBA will provide you with another communication. If You fail to respond, YACOOBA may terminate the Package and refund payment without undue delay.

9.7 Additional Terms

Airline carriers and accommodation companies (hotels, B&B’s, etc.) will apply additional terms and conditions to Your reservation and purchase of travel and accommodation, and other related Services that You may select. Please read these additional terms and conditions carefully.

You agree to abide by the terms and conditions of purchase created by any supplier with whom You purchased Services. You agree to pay all amounts when due and comply with the supplier’s rules and restrictions regarding availability and use of fares, products, or Services.

Airlines fares are only guaranteed once the purchase has been completed and the tickets have been issued. Airlines and other travel suppliers may change their prices without notice.

The price of Your flight may have been converted from a different currency to provide You with an estimate of the amount in Your local currency. As a result, when You book, the amount charged to Your credit card may be slightly different due to currency fluctuations. Your statement may also include a fee from Your card issuer to process the transaction, plus any applicable taxes for international purchases.

You acknowledge that some third-party providers offering certain Services and/or activities may require You to sign their liability waiver prior to participating in the Services and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in the cancellation of Your reservation(s), denial of access to the applicable Services/activities, forfeit of any monies paid for such reservation(s), and/or in debiting of Your account for any costs We incur as a result of such violation.

10 Our Order Cancellation Rights

Except where you have purchased a Package, We reserve the right to refuse or cancel Your Order at any time for certain reasons including:

Services availability;

Errors in the description or prices for Services;

Errors in Your Order;

Any behaviour carried out by You that is threatening or abusive; or

The Order is fraudulent, unauthorised or illegal.

Where you have purchased a Package, We reserve the right to refuse or cancel Your Order at any time if:

the minimum number of participants is not reached;

YACOOBA, an Event Producer or one of our suppliers is prevented from performing the contract because of unavoidable and extraordinary circumstances;

Any behaviour carried out by You that is threatening or abusive; or

The Order is fraudulent, unauthorised or illegal.

11 Your Order Cancellation Rights

11.1 Charges for cancellation

11.1.1 The below cancellation charges will be payable if You cancel and there are no unavoidable or extraordinary circumstances at your destination which significantly affect your booking or your travel there. The cancellation charges exclude amendment charges and administration/service fees, which are non-refundable.

Package bookings

Bookings cancelled more than 7 days before departure: Loss of all deposits paid. Deposits reflect the actual pre-booked costs incurred by Yacooba (e.g., administrative fees or supplier payments).

Booking cancelled 7 days or less before departure: Loss of 100% of the booking value, reflecting the total cost of pre-booked services.

Event Tickets

Please read the full terms and conditions issued by the Event Producer, which can be found on the event’s official website. If the Event Producer does not make terms and conditions available, the terms set out in 11.2 shall apply.

Accommodation bookings

Bookings cancelled more than 7 days before departure: Loss of all deposits paid, based on the accommodation provider's terms and conditions.

Booking cancelled 7 days or less before departure: Loss of 100% of the booking value, reflecting the accommodation provider's non-refundable charges.

If you cancel or change Your prepaid hotel reservation You may be charged a cancellation or change fee. The fees will be indicated in the terms and conditions for the hotel reservation and may consist of a charge equal to applicable nightly rates, tax recovery charges and YACOOBA Platform fees.

Flight only Bookings

Please read the full terms and conditions of carriage issued by the airline company (travel supplier), which can be found on the airline’s website. You may be charged a cancellation or change fee if You cancel or change Your flight.

11.2 Event Tickets

The Event Producer will not directly accept cancellations of any bookings from You. All cancellations must be made through the YACOOBA Platform. If You cancel a booking and there are no Force Majeure circumstances, the booking will be treated as a completed booking for purposes of payment. If there are Force Majeure circumstances, You may receive a full refund.

If, for any reason, You receive a full refund for Event Tickets purchased, this will be for the same price that You purchased the Event Tickets. An increase or decrease in the price of the Event Tickets since the purchase was made will not affect the amount being refunded.

If the event You purchased Event Tickets for is cancelled in full, without any option provided for a rescheduled date, You will be entitled to a full refund for Your Order. For the purposes of this section, a full refund shall include the total sale price of Your Event Tickets but may not include any additional YACOOBA Platform charge or other fee paid for purchase.

If the event You purchased Event Tickets for is a multi-day event, and the event has only been cancelled on particular days, You may only be entitled to a partial refund in accordance with how much of the event has been cancelled.

If the event You purchased Event Tickets for is rescheduled or changed to a substantial extent, You will be informed of this and Your Event Tickets should remain valid for the rescheduled or changed event. However, if You do not wish to attend the rescheduled or changed event You may cancel Your Order and You will be entitled to a full refund. Such notice of cancellation must be given within a reasonable time prior to the updated event. We may specify a deadline when We notify You of the rescheduling or change, but if We have not specified a deadline then it shall automatically be one week prior to the updated event. If You do not notify Us that You wish to cancel Your Order, We will take this as acceptance of Your Order for the rescheduled or changed event.

11.3 Packages

You may terminate a Package at any time before the start of the Package, but you will be required to pay an appropriate and justifiable fee, as set out above.

As noted in Term 9.6, You will be offered the option to terminate (with no termination fee) if there is a significant change to the Package.

11.4 Hotel bookings

If You do not check into the hotel for the first night of the reservation and instead plan to check in on a subsequent night in Your reservation, You must confirm this with Us and the hotel no later than the date of the first night of the reservation to prevent cancellation of Your reservation.

11.5 Exceptional Circumstances/Force Majeure

Where You have purchased a Package, you have the right to terminate the Package without paying a termination fee if unavoidable and extraordinary circumstances occur at the destination or within its immediate vicinity which significantly affect the performance of the Package or the carriage of passengers to the destination.

If You terminate in these circumstances, YACOOBA will provide a full refund without undue delay and in any event no later than 14 days after termination.

Additionally, You may cancel a booking for Event Tickets if a Force Majeure situation occurs at the travel destination of the event, regardless of whether the Event Producer continues to provide the event during the affected period of time. If the Event Producer or You cancel a booking in connection with a Force Majeure situation, you will receive a full refund.

If a Force Majeure situation arises and the Event Producer cancels the event, YACOOBA will notify You immediately, forwarding the additional options proposed by the Event Producer.

If You do not attend the event and there are no Force Majeure circumstances, the booking will be treated as a completed booking for purposes of payment.

If You do not attend the event due to transportation issues not related to the Event Producer or as part of a Package, YACOOBA and the Event Producer will not have any responsibility to refund the cost of the Event Tickets to You.

12 Assistance

Where you have purchased a Package, We will provide appropriate assistance without undue delay if you experience difficulty during provision of the Services. YACOOBA can provide information on health services, local authorities and consular assistance, as well as practical help, such as distance communications and finding alternative travel arrangements.

YACOOBA reserves the right to charge a reasonable fee for such assistance if the difficulty is caused by You intentionally or negligently.

If You require assistance, please contact Yacooba Support on the number/email provided in Your booking documentation.

13 Availability, Errors and Inaccuracies

We are constantly updating Our offerings on the YACOOBA Platform. Because of this, the Services available on Our YACOOBA Platform may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding Our Services on the YACOOBA Platform and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and Services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Any seating map displayed in relation to an event is for guidance only and may not accurately reflect the seating arrangement at the event.

Any specified start times and end times for events are for guidance only and are subject to change by the relevant Event Producer.

14 Prices Policy

The prices specified for services offered on the YACOOBA Platform are inclusive of VAT and any other taxes that are applicable.

14.1 Pricing for Event Tickets

The price consists of the sale price of the Services and our service fee. The service fee will generally be between 5% and 7.5% of the value of the Services. The total aggregate price of the goods, including any markup, will be confirmed prior to completing the purchase Order.

YACOOBA reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by YACOOBA subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of YACOOBA.

The YACOOBA Platform offers tickets for events that take place in different countries. The Event may be priced in local currency but the prices will be displayed in the currency chosen by the Attendee when using our platform. For this reason, some prices displayed may not seem a rounded value. We shall not be liable for any charges You incur as a result of currency exchange.

14.2 Pricing for Packages

The prices quoted may be revised by YACOOBA subsequent to accepting an Order in the event of any occurrence affecting delivery caused increased transport costs due to changes in fuel prices/other power sources, higher foreign exchange costs and any changes in taxes or fees on travel services such as tourist taxes. If a price reduction occurs as a result of any of the above-mentioned events, YACOOBA will revise the price accordingly.

YACOOBA will notify You of a price change no less than 20 days before the start of the Package with appropriate justification for the change. If the price increases more than 8% over the original Package price, You will have the right to terminate the Package without a termination fee, as set out in Term 11.

15 Payments

All Services purchased are subject to a one-time payment. Payment can be made through various payment methods including Visa and MasterCard cards and crypto payments.

Payment cards (credit cards or debit cards) are subject to validation checks and authorisation by Your card issuer. If We do not receive the required authorisation, We will not be liable for any delay or non-delivery of Your Order.

16 Promotions

Any Promotions made available through the YACOOBA Platform may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as Our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

17 User Accounts

When You create an account with Us, You must provide Us with information that is accurate, complete, and up to date. Failure to do so constitutes a breach of the Terms and this may result in the immediate termination of Your Account on the YACOOBA Platform.

You are responsible for keeping Your Account for the YACOOBA Platform secure. You agree not to disclose Your Account login details to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorised use of Your Account.

Your Account must not use the name of another person or entity which is not lawfully available for use, a trade mark that you are not authorised to use, or a name that is otherwise offensive, vulgar or obscene.

18 Intellectual Property

The YACOOBA Platform and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of YACOOBA and its licensors.

You may not use, copy, store, reproduce, adapt, translate, modify, distribute, publicly display, publicly perform, transmit, or otherwise exploit any YACOOBA content, or any YACOOBA trademark, logo, or slogan, without YACOOBA’s prior written consent.

19 Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the YACOOBA Platform infringes any third party’s intellectual property rights.

If You believe that any of YACOOBA’s original content or any Content on the YACOOBA Platform is infringing Your intellectual property rights, You should submit a notice in writing to the attention of Our copyright agent via email at legal@yacooba.com and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your intellectual property rights.

20 Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide to YACOOBA. If, for any reason, such assignment is ineffective, You agree to grant YACOOBA a non-exclusive, sublicensable (through one or more tiers), worldwide, fully-paid and royalty-free licence to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

21 Links to Other Websites

The YACOOBA Platform may contain links to third-party web sites or services that are not owned or controlled by YACOOBA.

YACOOBA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that YACOOBA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

22 Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the YACOOBA Platform will cease immediately. You can terminate Your Account in your user area of Yacooba´s platform or by requesting termination of Your Account by contacting support@yacooba.com.

23 Limitation of Liability

Your attention is particularly drawn to this condition.

With the exception of a Package, notwithstanding any damages that You might incur, the entire liability of YACOOBA and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the YACOOBA Platform.

We will not be liable to You, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Terms for:

loss of profits;

loss of sales or business;

loss of agreements or contracts;

loss of anticipated savings;

loss of use or corruption of software, data or information;

loss of or damage to goodwill; and/or

any indirect or consequential loss.

We are not responsible for any errors experienced while using the YACOOBA Platform as a result of Your internet connection.

Nothing in these Terms excludes either party’s liability for death or personal injury caused by negligence, or fraud or fraudulent misrepresentation.

24 Disclaimer

YACOOBA does not warrant that:

Your use of the YACOOBA Platform will be uninterrupted or error-free;

the Services and/or information obtained by you through the YACOOBA Platform will meet Your requirements; or

the YACOOBA Platform will be free from vulnerabilities or viruses.

YACOOBA is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over the YACOOBA Platform, and You acknowledge that the YACOOBA Platform may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. If this is the case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under the applicable law.

25 General

25.1 Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.

YACOOBA and You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this Agreement, its subject matter or formation (including non-contractual disputes or claims).

25.2 Dispute Resolution

If You have any concern or dispute about the YACOOBA Platform, You agree to first try to resolve the dispute informally by contacting YACOOBA at support@yacooba.com.

If any dispute arises, We shall attempt in good faith to resolve the dispute. If We are unable to resolve the dispute, You reserve the right to make a complaint to Trading Standards, or to pursue court proceedings or other applicable forms of dispute resolution.

25.3 Severability

If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.

25.4 Waiver

If We do not insist that you perform any of Your obligations under the Terms and Conditions, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You or that You do not have to comply with those obligations. If We do waive any rights, We will only do so in writing, and that will not mean that We will automatically waive any right related to any later default by You.

25.5 Amendments

We reserve the right, at Our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use the YACOOBA Platform after those revisions become effective, You agree to be bound by the revised Terms and Conditions. If You do not agree to the new terms, in whole or in part, please stop using the YACOOBA Platform.

25.6 Translation

These Terms and Conditions may have been translated if We have made them available to You on Our YACOOBA Platform. You agree that the original English text shall prevail in the case of a dispute.

25.7 Assignment

You shall not, without YACOOBA’s prior written consent, assign, novate, transfer, charge, sub-contract or deal in any other manner with all or any of Your rights or obligations under these Terms and Conditions.

YACOOBA may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms and Conditions.

25.8. Notices

Any notice under these Terms and Conditions will be in writing. YACOOBA and You may send notices using the Your Account’s dashboard on the YACOOBA Platform. You must send any legal notice with regards to these Terms and Conditions through legal@yacooba.com.

25.9. Miscellaneous

Except as otherwise expressly provided, all remedies are cumulative, in addition to and not in lieu of any other remedies available to either YACOOBA or You at law, in equity or otherwise. These Terms set out the entire understanding and agreement of YACOOBA and You and supersede any and all oral or written agreements or understandings between Us.