Yuup Terms of Service: Customers

Last updated: 24 June 2021 (SPB)

Please read these Yuup Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Yuup Platform, you agree to comply with and be bound by these Terms.

These Terms constitute a legally binding agreement ("Agreement") between you and Yuup (as defined below). These Terms govern your access to and use of the Yuup website at yuup.co (the "Website"), our mobile device apps ("Apps") and all associated services (collectively, "Yuup Services"). The Website, Apps and Yuup Services are together referred to as the “Yuup Platform”. These Terms incorporate by reference the Yuup Acceptable Use Policy and any information we publish about how to use the Yuup Services on the Yuup Platform (“Yuup Policies”) which also apply to your use of the Yuup Platform.

All references to “Yuup”, “we”, “us” or “our” mean Project 3 Ventures Limited (company number 12394684 registered in England and Wales), registered address 64 New Cavendish Street, London W1G 8TB, United Kingdom.

Our collection and use of personal information in connection with your access to and use of the Yuup Platform is described in our Privacy Policy.

When you request to book an Experience through the Yuup Platform, your personal information will be transferred to the relevant Host so that they can manage your booking and provide the requested Experience. Hosts are independent controllers of your personal information and Yuup is not responsible for the privacy practices of Hosts. We therefore recommend that you check the relevant Host's privacy notice/policy (if any) in order to understand how they will use your personal data.

In accordance with Clause 7 below, any payments made by you or to you in connection with the Yuup Platform are made by Stripe Payments.

1 Yuup Services

1.1 The Yuup Platform enables registered hosts (“Hosts”) that offer experience services (“Experiences”) to: (i) describe and publish those Experiences on the Yuup Platform (“Experience Listing”); and (ii) communicate and transact directly with you, as a registered user of the Yuup Platform (“Customers” or “you”). Customers may place orders for an Experience to enjoy themselves or as a gift for someone else. From time to time, Yuup may offer you credit or rewards, which can only be used by you through your Yuup Account and cannot be transferred to someone else. Customers may also purchase credit in the form of a gift card to be redeemed for Experiences on the Website, either to enjoy themselves or as a gift for someone else. Customers may book Experiences for third parties who participate in the Experience but do not have their own Yuup account (“Participants”). Experiences may include a variety of services and activities in various locations and you can schedule the specific time and date to enjoy them using the Yuup Platform. Together, Hosts, Customers and Participants are “Users”.

1.2 Yuup is acting solely as the provider of the Yuup Platform and as an introducer of Hosts to you. Save where specifically identified in an Experience Listing, Yuup does not own, create, sell, resell, provide, control, manage, offer, deliver or supply any Experience Listing or Experiences. Yuup is not a travel agent, neither do we create or offer package holidays.

1.3 Hosts are responsible for creating Experience Listings and delivering Experiences. When booking an Experience, Customers are entering into a contract directly with the Host (the “Customer/Host Contract”). Yuup is not and does not become a party to or other participant in any contractual relationship between Customers and Hosts. Yuup simply introduces Hosts and Customers to each other. Yuup is not acting as an agent in any capacity for any Host or Customer, other than as specified in Clause 7 (Payment). Save as mentioned, Yuup’s responsibilities are limited to making the Experience Listing for Experiences available through the Yuup Platform. Yuup is not an insurer and does not act as a guarantor for any Customer of Yuup Services.

1.4 Yuup does not endorse or have any control over any Host and we do not guarantee: (i) the existence, quality, safety, suitability or legality of any Experience Listing or Experiences, (ii) the accuracy of any Experience Listings, Ratings (as defined below), Reviews (as defined below), or other User Content (as defined below), or (iii) the Hosts’ or any third party’s conduct.

1.5 Any references to a Host being “verified” mean solely that the Host has completed a verification process. Any such description is not an endorsement, certification or guarantee by Yuup of any Host. We cannot guarantee the Host's identity or background or whether the Host is trustworthy, safe or suitable. All Customers and Participants must exercise due diligence and care when deciding whether to participate in an Experience or communicate and interact with Hosts (or other Users), both online or in person. Any images are intended only to provide a photographic representation of an Experience Listing and are not an endorsement by Yuup of any Host or Experience Listing.

1.6 Yuup may use User Content in marketing materials, including on other websites, in Apps, on emails, and in online and other advertisements in accordance with Clause 5 (User Content, Yuup Content and Combined Content) in order to promote the Yuup Platform and Experience Listings.

1.7 Yuup is not responsible for interruptions to the availability of the Yuup Platform or of the internet and telecommunications infrastructure in general. Yuup may restrict the availability of all or parts of the Yuup Platform if necessary to ensure or enhance the functioning of the Yuup Platform or otherwise under Clause 12.4. Yuup may modify the Yuup Platform and introduce new Yuup Services from time to time. Yuup will try to provide notice to Customers of any material changes to the Yuup Platform, where reasonably possible.

2 Eligibility and Using the Yuup Platform

2.1 In order to access and use the Yuup Platform or register a Yuup Account (as defined below) as a Customer, you must be: (i) an individual of at least 18 years of age; or (ii) a company or other legal entity in good standing under the laws of the country in which you are registered or organised (“Organisation”), and in each case be able to enter into legally binding contracts.

2.2 Your access to and use of all or parts of the Yuup Platform are conditional on meeting certain criteria, such as meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds.

2.3 The Yuup Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Yuup is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Yuup does not endorse Third-Party Services. Third-Party Services on the Yuup Platform include Google Maps/Earth mapping services, which is subject to the Google Maps/Google Earth Additional Terms of Service.

3 Modification of these Terms

3.1 Yuup reserves the right to modify these Terms at any time in accordance with this Clause 3. The revised Terms will be emailed to you and posted on the Yuup Platform dated as of the “Last Updated” date at the top of these Terms. We will also ask you to confirm your agreement to the revised Terms on your next login to the Yuup Platform. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. Termination will have the effect set out in clause 12 below. If you do not terminate your Agreement, your continued access to or use of the Yuup Platform will constitute acceptance of the revised Terms.

4 Account Registration

4.1 To access and use certain features of the Yuup Platform, such as redeeming credit or rewards, purchasing a gift card or booking an Experience, you must register an account ("Yuup Account"). If you are registering a Yuup Account for an Organisation, you confirm that you have the authority to legally bind that Organisation and grant us all permissions and licenses provided in these Terms.

4.2 You can register a Yuup Account either: (i) using an email address and, optionally, a mobile telephone number, and you will be required to create a password; or (ii) through your account with some third-party social networking services, such as Facebook or Google ("Third-Party Account"). You have the ability to disable the connection between your Yuup Account and your Third-Party Account at any time, via the "Settings" section of the Yuup Platform. When choosing to provide your mobile number you will be asked to consent to Yuup communicating with you via SMS. You will be able to opt out of mobile and email communications via your Yuup Account settings.

4.3 You must provide accurate, current and complete information during the registration process and keep your Yuup Account up to date.

4.4 You are not allowed to register more than one (1) Yuup Account unless we authorise it in writing. Similarly, you are not allowed to assign or otherwise transfer your Yuup Account to another party without our written authorisation.

4.5 You are responsible for maintaining the confidentiality and security of your Yuup Account credentials and are not permitted to disclose your credentials to any third party (including other Users). You must immediately notify Yuup if you know or have any reason to suspect that your credentials have been lost, stolen, or otherwise compromised or in case of any actual or suspected unauthorised use of your Yuup Account. You are responsible for any and all activities conducted through your Yuup Account, unless such activities are not authorised by you and you have not otherwise behaved irresponsibly (such as failing to report to Yuup the unauthorised use or loss of your credentials).

4.6 Users should note that certain functionality within the Yuup Platform is limited to Customers who are the lead customer in relation to any booking, other Customers who have an account with us but did not originate the booking have limited booking edit rights as described on the Yuup Platform. Participants who do not have an account with us cannot make any changes to a booking or use the Yuup Platform for messaging or other functionality.

5 User Content, Yuup Content and Combined Content

5.1 Yuup may enable Customers to: (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Yuup Platform, including Ratings and Reviews (as defined in Clause 9 below) ("User Content"); and (ii) access and view User Content and any content that Yuup itself makes available on or through the Yuup Platform, including proprietary Yuup content and any content licensed or authorised for use by or through Yuup from a third party ("Yuup Content" and together with User Content, "Combined Content"). Customers should keep a copy of and backup their User Content because Yuup does not guarantee that User Content will always be accessible on the Yuup Platform or that such data may not become corrupted, deleted or otherwise unusable.

5.2 The Yuup Platform, Yuup Content, and User Content may be protected by copyright, trade mark, and/or other laws of the United Kingdom and other countries. You acknowledge and agree that the Yuup Platform and Yuup Content, including all associated intellectual property rights (such as the Yuup trade mark and logo), are the exclusive property of Yuup and/or its licensors or authorising third parties.

5.3 You will not use, copy, adapt, modify, distribute, license, sell, rent, lease, transfer, publicly display, publicly perform, transmit, broadcast, make derivative works of, translate, merge, adapt, vary, alter, modify, disassemble, de-compile, attempt to derive the source code of, reverse engineer or otherwise exploit any part of the Yuup Platform or Combined Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Yuup or its licensors, except for the licenses and rights expressly granted in these Terms.

5.4 Subject to your compliance with these Terms, Yuup grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to: (i) download and use the Apps on your personal device(s); and (ii) access and view any Combined Content made available on or through the Yuup Platform and accessible to you, solely for your personal and non-commercial use.

5.5 By uploading, posting or otherwise making available any User Content on or through the Yuup Platform, you grant to Yuup a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the Yuup Platform, in any media or platform. Insofar as User Content includes personal information, such User Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Unless you provide specific consent, Yuup does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your User Content.

5.6 You are solely responsible for all User Content that you make available on or through the Yuup Platform. Accordingly, you confirm that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the Yuup Platform or you have all rights, licenses, consents and releases that are necessary to grant to Yuup the rights in and to such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmission of the User Content or Yuup's use of the User Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or breach a third party's patent, copyright, trade mark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the breach of any applicable law or regulation.

5.7 Customers agree to comply with the Yuup Acceptable Use Policy, but you acknowledge that Yuup has no general obligation to review, monitor or verify any User Content. Yuup may review, withhold from distribution/publication, remove or disable access to any User Content that: (i) is in breach of applicable law, these Terms or the Yuup Acceptable Use Policy; (ii) may be otherwise harmful or objectionable to Yuup, its Users, third parties, or to any property; or (iii) where Yuup reasonably determines that it is prudent to do so. Where Yuup removes or disables any of your User Content, Yuup will notify you and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Users or third parties, or (iii) contravene applicable laws. You may appeal such a decision by contacting customer service.

5.8 Customers agree to cooperate with and assist Yuup in good faith, and to provide Yuup with such information and take such actions as may be reasonably requested by Yuup with respect to any investigation undertaken by Yuup or a representative of Yuup regarding the use or abuse of the Yuup Platform.

6 Experience Booking (including gift cards and booking for Participants)

6.1 You can make a booking request, pay for and schedule an Experience using the Yuup Platform as a gift for someone else or for you to enjoy yourself or with others (whether they subsequently create their own Yuup Account, or not). You can schedule an Experience by redeeming credit or rewards, or by using a gift card that you bought for yourself or that was given to you by another User, provided that you do so in accordance with the terms applicable to that gift card or credit/reward, in particular any expiry date. In order to request a booking, purchase and/or schedule an Experience, or purchase a gift card, you must have a Yuup Account (see Clause 2.1 above).

6.2 Once you have made a request to the Host to book an Experience on the Yuup Platform, the booking is not confirmed unless and until you receive a booking confirmation from the Host on the Yuup Platform. Upon receipt of written confirmation from the Host via the Yuup Platform, a legally binding agreement is formed between you and the relevant Host in accordance with the Host's terms accepted by you on making a booking request (the Customer/Host Contract, referred to in Clause 1.3 above), such terms may include the applicable cancellation policy and any rules and restrictions specified in the Experience Listing.

6.3 If you are booking an Experience for another User, you confirm that you are legally authorised to act on behalf of that User, in particular if they are a minor. Minors may only participate in an Experience if accompanied by an adult who is responsible for them.

6.4 You must ensure that each User meets any requirements set by the Host and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host.

6.5 You should carefully review the Experience Listing for any Experience you intend to book to ensure you (and any Participants you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Host has specified in their Experience Listing. At your sole discretion you may want to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any User’s ability to take part in any Experience. Certain laws, like the minimum legal drinking age may also apply.

6.6 Before and during an Experience you must at all times adhere to the Host's lawful instructions.

6.7 You are not allowed to bring any additional individuals to an Experience unless such individual was added by you as a User during the booking process on the Yuup Platform.

7 Payment

7.1 Unless you are redeeming a gift card or using any credit/reward, all applicable fees for the Experience, including any applicable taxes, (the “Fees”) will be presented to you prior to you making a booking request. You agree to pay the Fees for any Experience purchased in connection with your Yuup Account, including through the redemption of a gift card or any credit/reward. We will, on the Host's behalf, collect the Fees at the time of the booking request or upon the Host's written confirmation of your booking request.

7.2 Although Yuup is not a party to the Customer/Host Contract, the Host has appointed Yuup as its payment collection agent for the limited purpose of accepting payments from you on behalf of the Host. When you pay the Fees to us that satisfies your obligation to pay the Host the Fees for the Experience you have booked.

7.3 We use Stripe Payments Europe Limited (“Stripe”) to process your credit/debit card to pay the Fees. As a third-party payment service provider, Stripe may charge you additional fees when processing the payment of the Fees. We are not responsible for any of Stripe’s fees. When using Stripe to make payment Stripe may also impose additional terms and conditions, please review Stripe’s terms and conditions before using their platform to pay the Fees.

7.4 You agree to pay (or allow us to deduct and withhold) all amounts agreed (or determined) through the complaints resolution process set out in Clause 10 in connection with your Yuup Account, and you agree that we may use Stripe to collect any payments due from you to a Host.

8 Booking Modifications, Cancellations and Refunds

8.1 You are responsible for any modifications to a booking that you make via the Yuup Platform or that you instruct Yuup’s customer service team to make ("Booking Modifications"). You agree to pay any additional Fees associated with such Booking Modifications.

8.2 You can cancel a confirmed booking at any time within the cancellation period set by the Host in their cancellation policy for the relevant Experience Listing by using the form available in your booking record and Yuup Payments will refund the full amount of the Fees to you. However, you will not get a refund if you cancel after the relevant cancellation period has expired, unless agreed by Yuup in writing. The ways you can cancel any particular booking for an experience (or terminate this overall Agreement) are described in clause 12 below.

8.3 If a Host cancels a confirmed booking (other than in circumstances listed in Clause 8.4(iv)), you will receive a full refund of the Fees for the booking. In some instances, Yuup may allow you to apply the refund against any new booking you may wish to make.

8.4 Hosts have the right to cancel your booking in the following circumstances: (i) if we have requested the Host to cancel the booking; (ii) if there is a safety risk to any User or any of their property may be damaged; (iii) if any of the events set out in Clause 14 below prevents a Host from providing the Experience; (iv) if you have failed to comply with the Host's terms such that the Host is unable to provide the Experience or it would be unsafe or unlawful to do so (for example, if you have not provided any information or access to any premises or materials that the Host has requested, within a reasonable time of being asked for the same).

8.5 If the Host cancels for the reasons described in Clause 8.4(iv) above, you may receive a partial refund of the Fees in accordance with the relevant cancellation policy.

8.6 If Yuup has the right to terminate these Terms pursuant to Clause 12 (or if Yuup has the right to terminate its contract with the Host), Yuup reserves the right to cancel a pending or confirmed booking on your behalf (or on behalf of the Host) and initiate any corresponding refund. Where Yuup cancels a booking, Yuup will notify Users and provide the reasons for such a measure, unless such notification would: (i) prevent or impede the detection or prevention of fraud or other illegal activities; (ii) harm the legitimate interests of other Users or third parties; or (iii) contravene applicable laws. You may appeal a cancellation by contacting customer services.

9 Ratings and Reviews

9.1 After completing a booking, you can leave a public review (“Review”) and submit a Host rating (“Rating”). Ratings or Reviews reflect the opinions of individual Customers and do not necessarily reflect Yuup’s opinion. Ratings and Reviews are not verified by Yuup and may be incorrect or misleading.

9.2 Reviews (or any comments on them) should not contain any offensive or defamatory language and are subject to our Yuup Acceptable Use Policy.

9.3 Any Rating or Review you make must be your own genuine, unbiased and honest opinion. You should not seek to attempt to manipulate the Ratings and Reviews system in any manner, including by asking anyone to leave a positive or negative Rating/Review about an Experience or Host.

10 Disputes with Hosts

10.1 If for any reason you (or any Participant) are not satisfied with your Experience and you consider that the Host has breached the Customer/Host Contract, we ask you to contact us with full details of your complaint (“Customer Complaint”) so that we can talk to the Host about it. If the Host considers that you (or any Participant) have breached the Customer/Host Contract and caused them any loss or damage, in our contract with Hosts we ask them to contact you directly.

10.2 If you have a Customer Complaint, we will give the Host the opportunity to respond. If the Host agrees to compensate you or if Yuup reasonably determines that the Host has breached the Customer/Host Contract, we will work to compensate you for any loss or damage you have suffered (subject to Clause 13 (Liability)).

10.3 You may appeal a decision taken by Yuup on the basis of this Clause 10 by contacting customer services.

10.4 You do not have to accept any decision Yuup makes about a Customer Complaint. You have the right to take legal action at court against a Host or us.

10.5 You agree to cooperate reasonably with and assist Yuup in good faith in resolving any Customer Complaints, and to provide Yuup with such information and take such actions as may be reasonably requested by Yuup in connection with any such complaints or other claims made by Users.

10.6 Customer Complaints must be made to Yuup in writing as set out above within three (3) days after the relevant Experience. Yuup will not help to resolve any disputes with Hosts after that period - Yuup will provide you with the Host's contact details for you to resolve the dispute directly with the Host.

11 Complaints about Hosts

11.1 If you believe that any User you interact with, whether online or in person, is acting or has acted inappropriately, including (i) engaging in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engaging in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Yuup by contacting us with the name of your police station and any report number. You agree that any report you make will not obligate us to take any action beyond that required by law.

12 Term and Termination, Suspension and other Measures

12.1 This Agreement begins when you accept these Terms and continues until you or Yuup terminate the Agreement in accordance with this Clause 12.

12.2 Your right to terminate. You may terminate your Yuup Account or this Agreement at any time by calling us, sending us an email (or, if you wish to cancel a booking for an Experience, you can also cancel by using the cancellation form available in your booking record). If you terminate this Agreement or your Yuup Account, any confirmed booking(s) will be automatically cancelled. Where this Agreement is terminated or any booking is cancelled, any refund of Fees will depend upon the reason for termination, the terms of the Experience Listing’s cancellation policy and the Customer/Host Contract. For example, if you terminate due to any of the events listed in Clause 14 below, you will receive a full refund.

12.3 Yuup termination for convenience. Without limiting our rights specified below, Yuup may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address. Any pending or confirmed booking(s) will be automatically cancelled and you will receive a full refund of any Fees paid in advance for the booking.

12.4 Yuup rights to suspend, cancel and terminate. Yuup may immediately, without notice: (i) terminate this Agreement; (ii) stop providing access to the Yuup Platform; (iii) delete or delay any Experience Listing, Ratings, Reviews, or other User Content; (iv) cancel any pending or confirmed bookings; (v) limit your access to or use of the Yuup Platform; (vi) temporarily or permanently revoke any special status associated with your Yuup Account; or (vii) temporarily permanently suspend your Yuup Account and stop providing access to the Yuup Platform:

(a) if you have breached your obligations under these Terms (including any of the Yuup Policies, in particular the Yuup Acceptable Use Policy), provided that, in case of non-material breaches and where appropriate, you will be given notice of any intended measure by Yuup and an opportunity to resolve the issue to Yuup's reasonable satisfaction;

(b) if you have breached applicable laws, regulations or third party rights;

(c) such action is necessary to protect the personal safety or property of Yuup (or any of its personnel), or any User or third parties;

(d) to prevent fraud or other illegal activity;

(e) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body;

(f) if you or any Participant at any time fail to meet any applicable eligibility criteria; or

(g) if Yuup becomes aware of or has received complaints about your conduct.

Where Yuup takes any action under this Clause, it reserves the right to cancel any confirmed or pending bookings, to refund you all or a proportion of the Fees, having regard to any reasonable compensation to which we are entitled for our net costs incurred as result of your failure to comply with these Terms.

12.5 Yuup termination due to circumstances beyond our control. Yuup may terminate this Agreement if any of the events set out in Clause 14 below arise and continue for a period of 4 weeks. If that is the case, any confirmed booking(s) will be automatically cancelled and you will receive a full refund of the Fees for the booking.

12.6 When this Agreement has been terminated, you are not entitled to a restoration of your Yuup Account or any of your User Content. If your access to or use of the Yuup Platform has been limited or your Yuup Account has been suspended or this Agreement has been terminated by us, you may not register a new Yuup Account or access and use the Yuup Platform through the Yuup Account of another User.

12.7 The termination of this Agreement does not affect any rights either you or we have acquired up to the date of termination.

13 Liability

13.1 We are liable (i.e. responsible) to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of this contract or our failing to use reasonable care and skill. However, subject to the forgoing:

(a) we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen;

(b) we are not responsible for any pre-existing faults or damage or for any loss or damage which you could have avoided by following our advice or instructions (including these Terms and the Yuup Policies); and

(c) we are not liable for business losses. We only provide the Yuup Platform for domestic and private use. If you use the Yuup Platform for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence (i.e. if we fail to take reasonable care or exercise reasonable skill in the performance of a contract) or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation (i.e. if we deliberately tell you something that is untrue, which you then reasonably rely on); for breach of your legal rights in relation to the Experiences (as summarised in the Customer/Host Contract).

14 Things outside our control

14.1 We are not responsible for delays outside our control (whether caused, for example by inclement weather, fire, flood or other natural disaster, accident, trade dispute, government action, epidemic, pandemic, or any other reason beyond our control). If our supply of the Yuup Platform (or the Host's delivery of any Experience) is delayed because of an event outside our control that affects Yuup, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be responsible for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract with us and the Host and receive a refund for any Yuup Services or Experiences you have paid for but not received.

15 Feedback

15.1 We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Yuup Platform (“Feedback“). You may submit Feedback by emailing us, through the contact section of the Yuup Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

16 Applicable Law and Jurisdiction

16.1 These Terms are governed by and construed in accordance with English law. You can bring legal proceedings in respect of the Yuup Platform in the English courts (save that, if you are resident in Scotland or Northern Ireland you also have the option of bringing legal proceedings in Scottish or Northern Irish courts, respectively.

17 General Provisions

17.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Yuup and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Yuup and you in relation to the access to and use of the Yuup Platform.

17.2 No joint venture, partnership, employment, or agency relationship exists between you and Yuup as a result of this Agreement or your use of the Yuup Platform.

17.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

17.4 If a court or relevant authority finds any part of this contract illegal, invalid or unenforceable, the rest will continue in full force and effect. Each of the paragraphs of these Terms operates separately.

17.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breach of these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

17.6 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.

17.7 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.

17.8 Unless specified otherwise, any notices or other communications to Customers permitted or required under this Agreement, will be provided electronically and given by Yuup via email, Yuup Platform notification, or messaging service (including SMS and WhatsApp).

If you have any questions about these Terms please email us.