Thank you for using YOYEVOO. Follow the proposed Terms and Conditions of Use, which will be applicable to users from 1 June 2024.
Terms and Conditions of Use
These Terms and Conditions of Use (hereinafter, "Terms and Conditions") establish the conditions under which users are offered access to YOYEVOO websites, services and applications (hereinafter, "the Service"), which is a platform that allows users to publish listings of a wide variety, as well as communication between users offering and users interested in the listings offered and their geographical location, to establish an agreement between users regarding the listings offered."
Use of the Service confers the status of user to the person doing so (hereinafter referred to as "the User") and implies full acceptance of these Terms and Conditions. If the User does not agree with all or part of these Terms and Conditions, the User must refrain from installing and using the Service.
By accepting these Terms and Conditions, the User declares:
That they have read, understand and comprehend the above.
That they assume all the obligations set forth herein.
That they are of legal age and have sufficient legal capacity to use the Service.
Acceptance of these Terms and Conditions by Users is a prior and indispensable step to using the Service. YOYEVOO reserves the right to update and/or modify the Terms and Conditions at any time and for any reason at its sole discretion. YOYEVOO will provide notice of any material change to the Terms and Conditions or to any Service or other feature of the Services. By accessing or using the Services after YOYEVOO has notified the User of a modification or update, the User agrees to be bound by the modified Terms and Conditions. If the modified Terms and Conditions are not acceptable to the User, the User's only option is to cease using the Services.
Need for registration
In order to use the Service, the User must first register and accept these Terms and Conditions and the Privacy Policy. The data entered by the User must be accurate, current and truthful. The registered User shall be responsible at all times for the safekeeping of their password, and shall therefore be liable for any damages that may arise from its improper use, as well as the transfer, disclosure or loss of the same, and must immediately inform YOYEVOO if they have reason to believe their password has been used in an unauthorised manner or is likely to be used in an unauthorised manner. In any case, the User is considered responsible for the access and/or use of the Service in relation to their account, and shall be liable in any case for such access and/or use. By accepting the Terms and Conditions, the User consents to their data becoming part of YOYEVOO's database and the processing of such data shall be in accordance with the provisions of the Privacy Policy.
Rules for the use of the service
The User undertakes to use the Service in accordance with the law, morality, public order and these Terms and Conditions. The User also undertakes to make proper use of the Service and not to use it for illegal or criminal activities, which infringe the rights of third parties or violate any rule of law.
The User undertakes not to transmit, introduce, disseminate and/or make available to third parties any type of material and information (items, objects, data, content, messages, drawings, sound and image files, photographs, software, etc.) that are contrary to the law, morality, public order and these Terms and Conditions. By way of example and in no way limiting or excluding, the User undertakes:
- Not to introduce or disseminate content or propaganda of a racist, xenophobic or pornographic nature, or that advocates terrorism, armed conflict, incitement to hatred or that violates human rights.
- Not to disseminate, transmit or make available to third parties any type of information, element or content that violates the fundamental rights and public freedoms recognised in the Constitution and in international treaties.
- Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes unlawful or unfair advertising.
- Not to transmit unsolicited or unauthorised advertising, publicity material, "junk mail", "chain letters", "pyramid schemes", or any other form of solicitation.
- Not to introduce or disseminate any false, misleading, ambiguous or inaccurate information and content in a way that misleads or is likely to mislead the recipients of the information.
- Not to impersonate other Users of the Service or transfer the account access data or password to a third party without the consent of YOYEVOO.
- Not to disseminate, transfer or make available to third parties any type of information, element or content without the authorisation of the holders of the intellectual and industrial property rights that may apply to such information, element or content.
- Not to disseminate, transfer or make available to third parties any type of information, element or content that violates the secrecy of communications and personal data legislation.
- Not to disseminate, transfer or make available to third parties photographs or any representation or image of minors.
- Not to publish listings that require a prescription or that must be dispensed under the supervision of a doctor (doctor, dentist, optometrist, optician, pharmacist or veterinarian), or items that may influence the health of the individual (that have contraindications, interactions, etc.) or perishables of any kind.
- To have a health authority approval to publish listings related to any health activity (with the need to present the registration number or registration number of the centre).
- Not to create valuations of transactions that have not taken place.
- Not to report repeatedly in a false manner or incorrectly.
- To use YOYEVOO services correctly.
The User undertakes to indemnify YOYEVOO against any possible claim, fine, penalty or sanction that YOYEVOO may be obliged to bear as a result of the User's failure to comply with any of the aforementioned rules of use, and YOYEVOO also reserves the right to request compensation for any damages that may be due.
Exclusion of Users
YOYEVOO reserves the right to deny use of the Service, either temporarily or permanently, from any User who violates any of the rules set out in these Terms and Conditions, the law or morality. At its discretion, YOYEVOO may also exclude Users and even stop providing all or part of the Service when it deems it appropriate to improve the operation of the Service and/or the rest of the Users of the Service.
Exclusion of liability
YOYEVOO does not own any of the listings published through its platform and is not a party of transactions carried out exclusively between users, nor does it review or validate the listings offered by Users through the Service, for which reason YOYEVOO shall not be liable, neither directly, indirectly, nor subsidiarily, for damages of any nature arising from the use and contracting of the content and activities of Users and/or third parties through the Service, or for the lack of legality, reliability, usefulness, truthfulness, accuracy, completeness and timeliness of the same.
By way of example, and under no circumstances limited to, YOYEVOO shall not be liable for damages of any kind arising from:
- The use made by Users of the Service or the status, origin, possible inaccuracy or possible falsity of the data provided by Users or of the items offered through the Service.
- The content, information, opinions and statements of any User or third parties or entities that are communicated or displayed through the Service (including the sending of images via chat).
- The use that Users may make of the materials of the Service, whether prohibited or permitted, in infringement of intellectual and/or industrial property rights, confidential information, of the contents of the Service or of third parties.
- The carrying out of acts of unfair competition and unlawful advertising.
- The possible loss of User data due to causes not attributable to the Service.
- Access by minors to the content included in the Service.
- The unavailability, errors, access failures or lack of continuity of the Service.
- Failures or incidents that may occur in communications, erasure or incomplete transmissions.
- Non-operability or problems with the email address provided by the User.
YOYEVOO shall be solely and exclusively liable to the User for the Services it provides itself and for the content directly originated and identified with its copyright, and shall be limited, at most, to the amount of the sums received directly from the User by YOYEVOO, excluding in all cases liability for indirect damages or loss of profit.
Any claim or dispute that may arise between Users of the Service must be settled between them, and they undertake to hold YOYEVOO completely free from liability, without prejudice to which YOYEVOO shall make its best efforts to provide Users with a prompt and satisfactory solution through its Customer Service.
Content and services linked through the Service
The Service may include technical linking devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter "Linked Sites").
The User acknowledges and accepts that access to the Linked Sites shall be at the User's sole risk and responsibility and exonerates YOYEVOO from any liability for any possible infringement of the intellectual or industrial property rights of the owners of the Linked Sites. Likewise, the User exonerates YOYEVOO from any responsibility for the technical availability of the Linked Sites, the quality, reliability, accuracy and/or veracity of the services, information, elements and/or content that the User may access.
In these cases, YOYEVOO shall only be liable for the content and services provided on the Linked Sites to the extent that it has actual knowledge of the unlawfulness and has not deactivated the link with due diligence. In the event that the User considers there is a Linked Site with unlawful or inappropriate content, they may notify YOYEVOO, without this notification entailing in any case the obligation to remove the corresponding link.
Under no circumstance shall the existence of Linked Sites presuppose the formalisation of agreements with the managers or owners of the same, nor the recommendation, promotion or identification of YOYEVOO with the statements, content or services provided. YOYEVOO has no knowledge of the content and services of the Linked Sites and therefore accepts no direct or indirect liability for any damage caused by the unlawfulness, quality, failure to update, unavailability, errors or uselessness of the content and/or services of the Linked Sites or for any other damage that is not directly attributable to YOYEVOO.
Intellectual and industrial property
The industrial and intellectual property rights over the works, protected services and any content or elements with intellectual and industrial property rights that are used in the Service (the "Contents of the Service") belong to their legitimate owners. By using the Service, the User does not acquire any intellectual or industrial property rights or any licence to use such elements.
The Contents of the Service are the texts, photographs, graphics, images, icons, technology, software, databases and other audiovisual or sound contents, as well as their graphic design and source codes used in the Service. This list is for illustrative and exemplary purposes only and is not exhaustive.
The text, images, graphics, sound files, animation files, video files, software and appearance of the YOYEVOO website are protected by intellectual and industrial property rights. These elements may not be validly and legitimately copied or distributed for commercial use, nor may they be modified or inserted on other websites without the prior express authorisation of their owners.
The User declares that they are the exclusive owner of all rights to the works, protected services and any other elements protected by intellectual or industrial property that they make available on the Service (hereinafter, the "Content").
The User grants YOYEVOO, free of charge and exclusively, the rights of public communication, reproduction, distribution and transfer that it has over the Content, in all forms of exploitation existing on the date of acceptance of these Terms and Conditions, for the entire duration of the rights that are the object of the assignment, for the universal territorial scope.
YOYEVOO does not represent or have any business relationship with the brands that Users may advertise on the Service.
Mediations
YOYEVOO is an application that acts as a mere intermediary between users. YOYEVOO does not own any of the listings through its platform and is not a party to the transaction carried out exclusively between users. YOYEVOO does not review or validate the listings offered by Users through the Service, and therefore YOYEVOO shall in no case be liable, either directly or indirectly, or subsidiarily, for damages of any kind arising from the use and contracting of the content and activities of Users and/or third parties through the Service, nor shall it be liable for the lack of legality, reliability, usefulness, veracity, accuracy, completeness and timeliness of the same.
Nullity and ineffectiveness of clauses
If any clauses of these Terms and Conditions is declared wholly or partly invalid or unenforceable, such invalidity or unenforceability shall only affect that clause or that part of it which is invalid or unenforceable, and these Terms and Conditions shall otherwise remain in full force and effect, and such clause or part of it shall be deemed not to be included.
Applicable law and competent jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with Spanish law. In the event of a dispute between YOYEVOO and the User, the User may bring their action before the Spanish courts corresponding to YOYEVOO's domicile, or before the courts of the place where the User is domiciled.