2. Your acceptance of this Agreement
This Agreement may be entered by persons who have reached the age of majority or legal age in your jurisdiction and who can form legally binding contracts under applicable law. By agreeing to this Agreement, you hereby represent and warrant that you have reached the age of majority in your jurisdiction and you otherwise have the legal capacity to enter into, and agree to the terms of, this Agreement. Please read this Agreement carefully, as it contains important provisions that exclude and limit our liability to you.
You hereby agree that this Agreement is formed electronically without the need for a wet signature by either you or us. You hereby agree that a printed version of this Agreement and of any notice sent to you or published on the Site shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records generated and maintained in printed form by us.
3. Changes to this Agreement
We reserve the right to change the terms and condition of this Agreement from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of the Agreement will be posted on the Site and you should regularly check for the most recent version, as the most recent version is the one that applies. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Site or via email. If you continue to use the Site after the changes become effective, then you will be deemed to have accepted those changes. If you don’t agree to these changes, you must end your relationship with us by ceasing to use the Site. The date this Agreement was last amended is set out at the end of this Agreement. Any amendment, variation or modification to this Agreement you purport shall not be binding on yroo.
4. Becoming a Member
By creating a user account on the Site you are automatically enrolled as a member of yroo’s Site (“Member”). Enrollment as a Member is simple; you must provide and maintain a valid email address to be eligible to receive the privileges and benefits of membership. Members must be at least 18 years old. You agree to provide us with true and accurate information and to update it as necessary to keep it accurate. If you provide us with false information, we reserve the right to suspend or terminate your account and your access to the Site. You hereby undertake and agree not to use the Site for any illegal or fraudulent activity.
You must be logged into yroo and enter your password to change your account information. You must treat the password you choose on registration as confidential, and you must not share it with anyone else. If you think that someone else might be using your account, you must let us know immediately using the contact information below. You should also immediately change your password. We may terminate your account or block you from accessing the Site if you break these rules and/or the other rules contained in this Agreement. yroo is entitled to act on instructions received under your password and account, and we are not responsible for any changes made to your account by someone else who uses your password.
As a Member of yroo, you will be able to access the Site and avail of certain services including the purchase of certain products and services from Affiliate Stores through the Site (the "Service").
Subject to the terms and conditions of this Agreement, yroo hereby grants you a limited, non- exclusive, non-transferable and revocable license to access and use the Service. yroo reserves the right to change, upgrade or discontinue the Service or any feature of the Service at any time, with or without notice to you.
We reserve the right to withdraw or amend access to, and/or the services we provide on, the Site without notice or liability to you. We will not be liable if for any reason the Site (or any part of it) is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site. By accessing and using the Site, you represent and warrant that your use of the Site does not violate any applicable law or regulation.
You are responsible for making all arrangements necessary for you to have access to the Site, including internet access. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them in full.
You acknowledge that we have no obligation to monitor your access to or use of the Site for violations of this Agreement, or to review or edit any content. However, we reserve the right to do so for the purpose of operating and improving the Site (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Agreement and to comply with applicable law or any order or requirement of a court, consent decree, administrative agency or other governmental body.
6. Earning Rewards
From time to time, yroo may offer bonuses or other rewards for signing-up to the Site, or for other specific actions. The terms and conditions accompanying such offers will govern how they are earned and redeemed if the terms and conditions differ from this Agreement. To qualify for a bonus, a new Member must establish an Active Account.
7. Receiving Communications (Electronic and Otherwise) from yroo
We may communicate with you regarding the Service by electronic communications using information you provided during the registration process. You agree that we may communicate with you by means of electronic communications regarding this Agreement and any other matter relating to your use of the Service. E-mail and other methods of transmitting information over the internet are subject to interference or scrutiny by third parties and should be independently verified. We cannot ensure security and privacy of such communications and all risk in transmitting such communications lies with you. Additionally, by using the Site, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the Site may be read or intercepted by others.
8. Third Parties
9. Using yroo applications
yroo does not install or require you to install any software to access the Site. This Agreement also applies to any yroo mobile shopping applications which users may access without visiting the yroo desktop Site (for example, from mobile devices). If you use yroo's applications, you agree and undertake to use them only for your personal use. yroo reserves the right to update or discontinue its applications at any time without notice or liability to you. You agree not to reverse engineer, decompile, disassemble, copy or otherwise derive the source code of yroo’s applications for any reason. You may not rent, sell, or sublicense yroo's applications without yroo prior written consent.
yroo applications and their underlying information and technology may not be exported or re- exported into any country to which the EU has embargoed goods. By using yroo's applications, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws. All rights to yroo's applications are reserved by yroo under copyright and other intellectual property laws worldwide.
10. Inactive Member Accounts & Termination of Membership
If your account is inactive for more than twelve (12) consecutive months, yroo reserves the right to close the account permanently and cease to maintain your account records access.
11. Consequences of Breaching This Agreement
Any failure to comply with this Agreement, any fraud or abuse, or any misrepresentation of any information furnished to yroo or its affiliates by you or anyone acting on your behalf may result in the immediate suspension or termination of your membership and your user account without notice or liability to you. This is without prejudice to any other rights or remedies we have under this Agreement or under applicable law.
12. Transfer of Membership
All accounts are personal agreements between the Member and yroo and as such are non- transferable.
The Site, and all information (in any form including without limitation text, graphical, video and audio), images, icons, software, design, applications and other elements available on or through the Site are the property of yroo, its licensors, affiliates and others, and are protected by copyright, trade mark, database right, sui generis rights and other intellectual property rights (as the case may be) under national laws and international treaties. Your access and/or use of any of the Site does not transfer to you or any other person any ownership or other rights in the Site, or its content, unless specified otherwise in this Agreement.
14. Names Logos and Trade Marks
The various yroo logos, designs and slogans, trade marks and trade names seen on the Site are owned by yroo. Other product and company names and logos appearing on the Site may be registered or unregistered trade names, trade marks, service marks and logos (collectively the yroo and third-party marks, names and logos are called the “Marks”) of their respective owners. Any use of the Marks displayed on the Site, except as expressly provided in this Agreement or in writing by yroo, is strictly prohibited. Nothing appearing on the Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Site.
The name “yroo” and all current and future trade marks (registered or unregistered) as well as the names of all yroo products are owned by yroo. Only yroo is authorised to produce and market products and literature under these trade marks. The use of the yroo trade marks on any product, literature or electronic media not produced or offered by yroo is prohibited unless prior written approval has been obtained from yroo.
The yroo name, trade marks and logos may not be used in any form without prior written approval by yroo, and if permitted then only in yroo-approved formats.
15. IP Infringement
yroo makes no warranties regarding possible infringement of any national or foreign patent, trade mark, trade name, copyright or other intellectual property rights and Members shall have no claim against yroo or its affiliates or licensors in connection therewith.
16. User Conduct
yroo does not and cannot review all communications posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. Members acknowledge that by yroo providing the ability to view and distribute user generated content on the Site, yroo is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any content or activities on the Site. However, yroo reserves the right to block or remove users, communications or materials that it determines to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of copyright, trademark or other intellectual property rights; (d) in violation of any law or regulation; or (e) offensive or otherwise unacceptable to yroo in its sole discretion. Note that any personally identifiable information posted or transmitted by Members will be treated in accordance with our Privacy Statement.
By accessing and using the Site you hereby undertake and agree to do so in a legal and ethical manner. You shall not, and you shall not permit or direct any person to, decompile any functionality in the Site or the systems, manipulate advertising traffic, circumvent security or functionality, expose any “holes” or weaknesses in the system or take, directly or indirectly, any other action or cause, or direct any person to take any action to alter or operate yroo products, systems, services, website, or any functionality relating to any of the foregoing in a manner for which it was not intended, including in any manner that would give certain Affiliate Stores an unfair advantage over other Affiliate Stores or is otherwise unethical. Consequences for breaching this shall be serious and may include without limitation, immediate suspension or termination of your account, this Agreement, as well as forfeiture of any and all rights, privileges and/or benefits that are or may otherwise be owing to you.
You shall not misrepresent yroo products or potential incomes. You hereby agree that engaging in any deceptive or illegal activities will be grounds for termination. You shall not make appraisal claims other than the ones supplied by yroo for any of the products, nor will you misrepresent the income potential of using the Site.
You hereby acknowledge and agree that:
- You will not send or otherwise post unauthorized commercial communications to users of the Site or any person (i.e. unsolicited commercial communications or spam). To this end, you hereby agree and undertake to act in accordance with yroo’s Anti-Spam Policy and applicable laws governing commercial communications;
- You will not collect Site users' information, or otherwise access the Site, using automated means (e.g. harvesting bots, robots, spiders, or scrapers, etc.) without our prior written permission;
- You will not upload viruses or other malicious code to the Site or to the websites linked to the Site;
- You will not solicit login information or access an account belonging to someone else;
- You will not bully, intimidate, or harass any user of the Site or any employee of yroo or any Affiliate Store;
- You will not post content on the Site that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence;
- You will not develop or operate a third-party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions;
- You will not use the Site (including any yroo applications) to do anything unlawful, misleading, malicious, or discriminatory;
- You will not facilitate or encourage any violations of this Agreement (or any part thereof);
- You may not use scripts or disguised redirects to derive financial benefit from yroo.
Where permitted by law, we reserve the right to disclose to our legal representatives, any Court and any regulatory and/or law enforcement authority the identity of any user who breaches this Agreement and/or our Privacy Statement (or any part thereof).
YOUR USE OF THE SITE (OR ANY PART OF IT) AND BEING A MEMBER IS “AS IS” AND ON AN “AS AVAILABLE” BASIS, AT YOUR OWN RISK, AND WITHOUT ANY REPRESENTATION OR ENDORSEMENT OF ANY KIND BY YROO. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE DISCLAIM ALL REPRESENTATIONS WARRANTIES CONDITIONS OR OTHER TERMS OF ANY KIND EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE SHALL NOT BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY LOSS OR DAMAGE CAUSED IN WHOLE OR IN PART BY RELYING UPON, USING, OR INTERPRETING THE CONTENT OR OTHER INFORMATION OBTAINED THROUGH THE ACCESS AND/OR USE OF THIS SITE. FOR THE AVOIDANCE OF DOUBT, WE MAKE NO UNDERTAKING, REPRESENTATION OR WARRANTY: (I) IN CONNECTION WITH THE COMPLETENESS OR ACCURACY, RELIABILITY OR TIMELINESS OF ANY OF THE CONTENT ON OR AVAILABLE THROUGH THE SITE; AND/OR (II) THAT THE SITE OR THE SERVER(S) IT IS HOSTED ON IS FREE FROM DEFECTS, ERRORS, VIRUSES, BUGS OR OTHER HARMFUL ELEMENTS.
THROUGH OR BECAUSE OF YOUR USE OF THE SITE OR BECOMING A MEMBER, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMUNICATIONS AND TRANSACTIONS OF A COMMERCIAL OR PERSONAL NATURE WITH PERSONS OTHER THAN YROO. ALL SUCH COMMUNICATIONS AND TRANSACTIONS ARE AT YOUR OWN RISK. YROO IS NOT A PARTY TO ANY SUCH COMMUNICATIONS AND TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING ALL SUCH COMMUNICATIONS AND TRANSACTIONS. TO THE EXTENT THAT YOU CHOOSE TO PARTAKE IN SUCH COMMUNICATIONS AND TRANSACTIONS, YROO MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND RELATED THERETO, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR USEFULNESS, ALL OF WHICH EACH OF YROO AND ITS AFFILIATES HEREBY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW.
THE OPERATION OF THE SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND YROO CONTROL. THE OPERATION OF THE SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY, PRIVACY AND CONFIDENTIALITY RISKS CANNOT BE ELIMINATED.
18. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW YROO AND ITS AFFILIATES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR:
- ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS; OR
- SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES;
WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO BEING A MEMBER, THE USE OF THE SITE BY YOU OR ANY OTHER PERSON, OR ANY RELATIONSHIP WITH YROO AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY YROO OR ANY OF ITS LICENSORS OR AFFILIATES OR ANY PERSON FOR WHOM YROO OR ANY OF ITS AFFILIATES ARE RESPONSIBLE, AND NOTWITHSTANDING THAT YROO OR ITS AFFILIATES MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.
IF YOU ARE DISSATISFIED WITH ANY ASPECT OF THE SERVICE AT ANY TIME, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SERVICE AND/OR PROVIDE MEMBER COMMENTS TO YROO. YOU AGREE THAT YROO WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION AND/OR TERMINATION OF THE SERVICE (OR ANY PART THEREOF). WITHOUT PREJUDICE TO THE PRECEDING RESTRICTION, AND TO THE EXTENT ALLOWED BY LAW, IN NO EVENT WILL YROO OR ANY OF ITS AFFILIATES’ TOTAL AGGREGATE LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY YROO OR ANY PERSON FOR WHOM YROO IS RESPONSIBLE, EXCEED €50.00.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF YROO AND ITS AFFILIATES AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PARTIES, SERVICE PARTIES, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE SITE, BEING A MEMBER, SOMEONE POSING AS YOU, OR YOUR BREACH OF THIS AGREEMENT. YOU HEREBY UNDERTAKE AND AGREE TO PROMPTLY ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY ANY OF THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND. YOU FURTHER AGREE TO INDEMNIFY YROO AND ITS AFFILIATES FROM ALL SUITS, DAMAGES, COSTS AND LIABILITIES WHATSOEVER ARISING FROM ANY TRANSACTIONS IN WHICH YOU ENGAGE OR ATTEMPT TO ENGAGE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ADVICE AND INFORMATION PROVIDED BY YROO OR ITS REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.
THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES ARE PROHIBITED BY LEGISLATION IN SOME JURISDICTIONS. SUCH LEGISLATIVE LIMITATIONS MAY APPLY TO YOU. THE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, AND INDEMNITY PROVISIONS IN THIS AGREEMENT SURVIVE INDEFINITELY AFTER THE TERMINATION OF THIS AGREEMENT.
20. Force Majeure
yroo shall not be responsible for delays and failures in performance where performance is commercially impractical due to circumstances beyond its reasonable control including but not limited to, strikes, labour difficulties, riot, fire, death or curtailment of the parties’ usual source of supply, or governmental decrees and orders.
21. Business Transactions
In the event yroo wishes to sell its business (or any part of it), yroo reserves the right to sell or transfer its business (or any part of it) including any intellectual property, programming code, and Member database at its sole discretion.
22. General Provisions
You may not assign or otherwise transfer any of your rights or obligations under this Agreement without the prior written consent of yroo, and any attempted assignment or transfer without such consent will be void. yroo may assign, sub-contract or novate any of its rights and/or obligations under this Agreement and you agree to promptly execute any and all documents necessary or desirable for that purpose.
Nothing in this Agreement shall be construed to create a partnership or agency relationship between you and us and neither of us shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
If yroo fails to insist that you perform any of your obligations under the Agreement, 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 and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
This Agreement and the documents incorporated by reference constitute the entire agreement between you and yroo with respect of your access and use of the Site.
If any provision of this Agreement (or part thereof) is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. yroo's failure to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right.
23. Governing Law
Ireland is the place of performance in respect of this Site. This Agreement and any dispute or claim arising out of or in connection with it are or their subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Ireland, and you agree that the courts of Ireland have exclusive jurisdiction to hear and determine any actions or proceedings that may arise out of or in connection with the Agreement. However, this does not prevent us from instituting proceedings outside of Ireland.
24. Contacting Us
If you have any questions, requests or complaints regarding this Agreement please contact us using the following information:Web: blog.yroo.com/faqs
Postal address: Yroo, 22 Northumberland Road, Ballsbridge, Dublin 4, Ireland
This statement was last modified 20th January 2016