Terms of Use

Each and every section of this Terms of Use Agreement (“Agreement”) applies to Yoosbie Limited as both the company and its website (“Yoosbie” or “We”); to each separate business or individual offering sellable products that owns one or more claimed listings on Yoosbie (either individually as “Provider” or plural as “Providers”); to each registered or unregistered customer(s) browsing on Yoosbie (“Visitor(s)”); and to verified purchasers of products sold by Providers who leave star ratings or reviews on Yoosbie (“Reviewer(s)”) as a contractual and binding agreement, which becomes effective as of March 29, 2019. By accessing, using, or adding content to any part of this website, each Visitor agrees to be bound by this Agreement and the related Privacy Policy.

Additional and important terminology can include a page or pages (claimed or unclaimed) created or posted by either Provider(s) or Yoosbie (“Listing(s)”); event tickets or otherwise bookable activities made available on Yoosbie by either Providers or Yoosbie (“Product(s)” or “Booking(s)”); images, video, uploaded documents, or text-driven communications made available on Listings or other Yoosbie website pages (“Content”); andany non-refundable commission percentage or administrative service charge (“Service Charge”) included in Products and retained by Yoosbie.

 

Whilst this Agreement describes the terms and restrictions agreed to by each Visitor, Yoosbie retains the right to revise or update this Agreement at will and without prior notice. As a Visitor, you agree to your responsibility to examine the Agreement for any changes which apply to your use of Yoosbie.

A. General Terms of Agreement

  1. Yoosbie reserves the privilege of revising and publishing updates to the Agreement, as well as publishing the most current Terms of Use when necessary but without specific notice.
  2. If any clause or specific wording within the Agreement is found to be invalid or illegal, Yoosbie agrees that such invalid or illegal language is deemed unenforceable, whilst the remainder of the Agreement continues to be fully enforceable.
  3. This Agreement and any Visitor or Provider’s usage of Yoosbie are both governed by the laws of New Zealand. Any legal issues that cannot be resolved privately between Yoosbie and its Visitors or Providers, shall be referred to mediation or arbitration under New Zealand jurisdiction.
  4. Any and all business users or Provider operators agree to review the Business Terms for the additional terms and conditions that apply to this specific type of account.

B. Website Usage Restrictions

  1. By accessing Listings or purchasing Products from any Yoosbie Provider, each Visitor agrees to each and every subsequent restriction:
    • I will not provide false or incorrect information (including the creation of a false identity) to Yoosbie in order to deceive or otherwise mislead Yoosbie staff, Yoosbie visitors, or businesses providing listings.
    • I will not copy or insert (including embedding or framing) any type of content or information from Yoosbie into another website or digitally driven property, using any automated or manually directed information-gathering website tool (including a robot, spider, scraper, etc.), without prior written consent from Yoosbie.
    • I will not engage in unreasonable neglect or cause intentional disruption, interference, or other harm that impacts the security of Yoosbie, its connected servers, its Providers, or accessible networks via passwords or system resources.
    • I will not act in any preventable way that creates or imposes burdensome traffic demands on Yoosbie infrastructure, identified by Yoosbie staff as either unreasonable or disproportionate site usage.
    • I will not attempt to post or otherwise transmit any harmful or destructive files on Yoosbie including (but not limited to) these damaging and malicious programs: computer viruses, trojan horses, bots, worms, ransomware, malware, defects, etc.
    • I will not use Yoosbie for identity theft, or attempt to access another Visitor’s account, password, system or service. As a Visitor, I have been warned of the security dangers of password sharing.
    • By use of any process or method (including any software or hardware device), I will not use Yoosbie content or connected information in any unreasonable manner that conflicts with its intended purpose or proper workings, with this Agreement and its related conditions, or with any applicable law.
    • I will not violate any rights of intellectual property or proprietary information, or the related rights of any person or organisation already established, including copyright, trade secret, or privacy right.
    • I will not duplicate, plagiarise, republish, or create derivations or adaptations that result in exploitation of Yoosbie content or information. I will seek express written authorisation by Yoosbie to use, retransmit, modify, translate, or in any other way make use of content found on or through Yoosbie.
  2. Yoosbie reserves the right to exercise any necessary means in preventing, blocking, or reporting to authorities any unauthorised access to or usage of Yoosbie or its related Content.

C. Yoosbie Content

  1. By providing or submitting to Yoosbie any content or information including descriptions or representations, contact information, private or public domain or royalty-free images, ratings or reviews, rich media, articles or comments of any nature to Yoosbie (“Content”), I agree as a Visitor to give Yoosbie and its Providers a global, nonexclusive, irrevocable license to use this Content on any platform.
  2. Since I have submitted accurate and non-confidential information which I own or retain rights to, this Content can be changed, duplicated, distributed, or published on any Provider or its related platforms. When in doubt, I will obtain written consent for any usable content or information.
  3. As a Visitor, I agree not to submit to Yoosbie any content or information or material, either intentionally or otherwise, that is:
    • Incorrect or misleading, including any illegal, inflammatory, pornographic or lewd, racially motivated or hatred-based – especially those promoting any physical harm or harassing behaviour.
    • Objectionable in any way, encouraging indecent, threatening, or invasive behaviour such as mining personal or private information (family names and surnames, telephone and mobile numbers, physical and electronic addresses, organisational positions, etc).
    • A violation of copyright privileges or intellectual property rights, including trademarks, patents, and trade secrets.
    • An impersonation or misrepresentation of any third-party affiliation.
    • Commercial, unsolicited, or unrelated traffic-generating advertisements, competitions, coupons, promotions, political campaigning, or spam.
  4. Yoosbie and its Providers refuse to take any responsibility or accept any liability whatsoever for any Content uploaded by any Visitor. This includes any loss or damage to any business or individual, including defamation, libel, slander, obscenity, pornography, profanity, altered or removed material.
  5. While we make every reasonable effort to ensure the accuracy of information provided to Visitors, Yoosbie and its Providers are under no obligation to edit, review, monitor, or verify any website Content or information provided by any website Visitor.
  6. As the Content does not represent the views of Yoosbie or its staff, any Visitor’s reliance on the Content is undertaken at his or her own risk. Yoosbie does not endorse or take responsibility, either express or implied, regarding the Content.
  7. As a Visitor, I hereby consent to Yoosbie (or its related sites) the discretionary right to edit, screen, or remove without notice any Content at any time and for any reason.
  8. I agree that I am responsible for any Content backup copies and will replace any submitted Content at my sole cost and expense.
  9. Any violation of this Agreement may result in the withdrawal of any Visitor’s rights of use. Any part of Yoosbie or its Providers may be edited, deleted, or terminated at Yoosbie’s sole discretion.
  10. If legally required, Yoosbie reserve the right to share any amount of Content with law enforcement agencies.
  11. Every Visitor agrees not to regard Content as a substitute for professional advice.
  12. As a Visitor, if I discover or become aware of any incorrect, inappropriate, or misleading Content, I will contact Yoosbie, and a staff member will be notified to take appropriate action.

D. Reliance on Yoosbie Business Listings

  1. Yoosbie contains Content, which can be uploaded or otherwise posted by the Providers listing Products on Yoosbie, and publicly available information about businesses gathered through research on public sources. Whilst Yoosbie staff labor to ensure the functionality of our platform and its informational accuracy, matching Visitors with appropriate Providers, incomplete or inaccurate information may lead to occasional errors.
  2. Each Visitor agrees that there are no implicit or explicit requirements for Yoosbie staff members to conduct detailed investigations on Content which may become incorrect or outdated over time. As a Visitor, I acknowledge that Yoosbie can neither vouch for, nor verify the Content, skills, abilities, or experience level stated by the Providers in any way.
  3. As a Visitor, I affirm that all Provider-driven Content is meant solely for illustrative purposes; the actual services or products may vary from the depiction posted on Yoosbie. Whilst Providers are required to update Content, and accuracy is also their responsibility, Yoosbie cannot verify the accuracy or complete nature of all provided information. If I am uncertain or concerned that any information is misleading or inaccurate, I will contact the Provider directly.
  4. As a Visitor, I have sole responsibility and decision-making power to engage with suitable Providers for commercial or personal purposes, as well as requesting any second opinions from relevant professionals. Yoosbie bears no responsibility for this choice.
  5. As a Visitor, I choose to bear full responsibility for making an independent assessment of Providers listed on Yoosbie, or engaging with any Providers contacting me due to interaction or posts on Yoosbie. This assessment can include the geographic location, nature, validity, or availability of any Providers listed on Yoosbie, as well as Provider-supplied information regarding their website or social media accounts.
  6. It is my sole responsibility as a Visitor to communicate any relevant medical or pre-existing health conditions before receiving any Provider’s product or service; this allows each Provider to assess the relevance or applicability of the product or service to my situation or the party for whom I am purchasing a Product. Yoosbie, businesses comprising the Online Booking System, and the Provider(s) delivering any service deny any liability for any injury, loss or damages resulting from my failure to disclose pertinent and relevant medical information.
  7. Yoosbie advises each Visitor to verify all information and requirements directly with each Provider before purchasing a Product, traveling to the location of the Provider as indicated on their Listing, engaging their service, or purchasing their Product. This includes any and all financial transactions, including online Products, timing and scope, pricing and taxes, dates, deliverables, activities, insurance, and written or electronic confirmations from each of the related Provider(s).
  8. Each Provider is responsible to carry the necessary insurances related to their offered services and products and internal operations. Each Visitor agrees to directly contact the Provider, if necessary, to assess the effectiveness of their insurance coverage.
  9. Yoosbie does not represent, endorse, or make representations about any listed Provider in any capacity.
  10. As a Visitor, I agree that I am at least sixteen (16) years old and legally eligible to contact any and all Providers through Yoosbie.

E. Visitor Accounts

  1. As a Visitor, I agree that Visitor Accounts may be created as a result of my action on Yoosbie. Also, I agree to provide the minimum requirements of a personal email address, and assurance that my age is sixteen (16) years or older.
  2. Further, I agree to be held liable for any issues related to the security or creation of my username and password, or for any unauthorised use of my username and password.
  3. As a Visitor with Visitor Accounts, I authorise Yoosbie to contact me for the purposes of managing my account, providing updates on site functionality, providing information about Providers, and providing information and updates regarding any online Product that I have initiated.
  4. As a Visitor, I agree that certain records of my interactions with Yoosbie will be maintained and updated periodically.

F. Updates and Newsletters

  1. As a Visitor subscribing to updates and newsletters, I authorise and consent to Yoosbie communications and new information through email, including (but not limited to) new products and services, recent customer reviews, and updated Provider information.
  2. Yoosbie does not and will not provide our Visitors’ email addresses to affiliates or third parties, beyond the necessary Online Booking System.
  3. At any time, Visitors can either manage or unsubscribe from Yoosbie emails through our third-party email provider. Details are supplied upon request or via linked information already available on emailed communications from Yoosbie.

G. Booking Service

  1. As a Visitor, I understand that Yoosbie reserves the right to process Bookings or Products in tandem with third-party booking software providers and payment gateways (collectively called the Online Booking System). I also understand that Yoosbie will not be held liable or responsible for costs, damages, loss, or expense claims due to the Online Booking System.
  2. All purchases made through Yoosbie’s Online Booking System are final and subject to a Service Charge, as defined on our Pricing page. This Service Charge applies to each Provider’s Product sold through Yoosbie (whether a Booking, activity, event, or other commercial offering), though percentages may differ depending on the Plan chosen by the Provider when the Listing is claimed.
  3. When a Product or Booking is bought by a Visitor from a Provider, Yoosbie receives this payment at checkout, including any applicable taxes. Once all banking protocols have been satisfied and funds have been cleared, Yoosbie will retain the Service Charge (including all applicable taxes) and forward the remaining amount to the Provider’s bank account.
  4. If the Provider supplied defective or inadequate banking details to Yoosbie at signup, Yoosbie retains the right to charge applicable banking fees or administrative fees to the Provider’s account.
  5. Visitor-initiated Cancellation must be received within forty-eight (48) hours.
    • If a Visitor chooses to contact Yoosbie and request a refund, this request must be initiated by email within forty-eight (48) hours of any purchased Booking or Product.
    • Yoosbie will inform the Provider, who may choose to reallocate, resubmit, or otherwise declare available that particular activity, ticket, or space for another Visitor’s use.
    • A Visitor-initiated cancellation request of a Product or Booking will incur a 10% cancellation fee to cover credit card processing and administration costs.
  6. Provider-initiated Cancellation must be received within forty-eight (48) hours.
    • If a Provider chooses to refuse delivery of service to a Visitor who has purchased that Provider’s Product or Booking, this refusal must be initiated by the Provider within forty-eight (48) hours of the Visitor’s purchase.
    • The Provider must initially and immediately notify both Visitor and Yoosbie of this change by email.
    • The Provider retains any and all liability for coordinating any replacement, rescheduling, or refund activity with the Visitor. Any refunds, rescheduled events, alternate options for service or delivery, or replacements of Products will be coordinated between each Visitor and Provider separately from Yoosbie.
    • Once the Visitor’s initial payment has cleared Yoosbie’s bank account (including all applicable taxes), Yoosbie will retain an additional Service Charge out of that amount before forwarding the remainder to the bank account provided by the Provider at signup. As the party who has initiated cancellation, the Provider retains all responsibility for making up any and all differences between the amount paid by the Visitor to purchase the Product, and the amount returned to the Visitor after the Provider initiated such cancellation.

H. Reviews Overview

  1. As a Visitor, I agree to only post genuine reviews, ratings commentary, and other Content (described in Section C above) regarding products I have experienced firsthand, in such a way that reflects the Yoosbie Reviews Guidelines.
  2. Visitors (rather than Yoosbie) bear the full responsibility for any reliance placed on the ratings and reviews found on Yoosbie or its Providers, for any purpose whatsoever. Since Reviewers (described in the Reviews Guidelines) voluntarily provide reviews on Yoosbie and its Providers, Visitors agree not to wholly rely on these reviews for assessing any Provider’s quality of service or product. Yoosbie does not take responsibility for any costs, damages, expenses, or losses that might result from these reviews, even if the information becomes incorrect or outdated over time.
  3. As a Visitor or Reviewer, if I believe a rating or review is incorrect or inappropriate, I agree to communicate this issue to Yoosbie.

I. Third-Party Links

  1. Whilst Yoosbie includes advertisements and website links operated by third parties, these third-party websites and their related Content are not controlled by Yoosbie, which does not bear any responsibility for these websites; they do not form any part of Yoosbie.
  2. As a Visitor, once I follow provided links to third-party websites, I agree that I am leaving Yoosbie entirely at my own risk. Yoosbie, including its officers and directors and agents, bears no responsibility regarding the accuracy or reliability of the websites’ information or Content. Yoosbie makes no warranty and disclaims any liability for any omissions or incorrect information leading to direct or indirect losses or damages incurred by any Visitor.
  3. Any third-party advertising on Yoosbie or its Providers does not imply or infer any endorsement or official recommendation.

J. Removal from Yoosbie

  1. For any Visitor or business Provider listed on Yoosbie, you can choose to be removed from the Yoosbie platform. Once you are logged in to your account you will find links to functions that allow you to delete it immediately.
  2. If you have trouble, please contact Yoosbie, and we will remove the listing for you.

K. Copyright and Intellectual Property

  1. Yoosbie retains copyright privileges and intellectual property rights to all of its materials, including content, documents, files, information, required operations, processes, services, and tools (“Materials”). As a Visitor or operator of a Provider’s site, I agree that unauthorised usage by parties inside or outside of Yoosbie is a violation of the Terms of Use as well as international copyright principles, copyright and intellectual property laws. Yoosbie can choose to pursue any legal action that it deems necessary.
  2. Yoosbie does not grant to either Visitors or Providers any expressly stated, inferred, or implied rights of usage of Yoosbie property for purposes outside of those specified. If in doubt, as a Visitor or operator of a Provider, I agree to contact Yoosbie for any necessary clarifications.
  3. As a Visitor or operator of a Provider’s Listing, I agree that any Yoosbie Materials (including code, functionality, and features) are protected from any third-party attempts to create derivative works: assigning, copying, distributing, republishing, renting, leasing, loaning, selling, sublicensing, reverse engineering, or other modifying behavior. Yoosbie retains the right to pursue legal action, or issue a demand to remove such derivative works, as necessary.

L. Warranties and Limitation of Liability

  1. Yoosbie disclaims any responsibility for any losses, damages, or other claims which may result from Visitors or Providers using or accessing its works in any way.
  2. As a Visitor or operator of a Provider, I agree to indemnify and hold harmless Yoosbie, including its officers and directors and agents, against any liability for direct or indirect losses, damages, costs or expenses resulting from either my choice to add Content or my usage of Yoosbie or its Providers.
  3. Since Yoosbie does not provide any warranties regarding the informational accuracy of the Content provided, all Yoosbie employees, directors, and officers disclaim responsibility for losses or damages related to a Visitor’s reliance on information provided or omitted from Yoosbie. Nor does Yoosbie provide any warranties regarding the Providers’ quality, timeliness, or effectiveness in providing activities, products, or services.
  4. Yoosbie staff work hard to match Visitors with Providers through listings and online Products. Due to the nature of technology, Yoosbie employees (or directors or agents) cannot take responsibility for any third-party Providers contacting Visitors and making irrelevant or mismatched offers that do not fit the Visitor’s product or service requirements. As a Visitor, it is my responsibility to clarify my requirements to any Providers.

M. Force Majeure or Acts of God

  1. Regarding the occurrence of circumstances outside of its control, Yoosbie disclaims any responsibility for claims related to direct or indirect delays, failures of performance, losses, damages, costs or expenses arising from causes or events unrelated to its fault or negligence. These causes may describe but are not limited to the following list: natural and unnatural disasters (floods, earthquakes, storms, strikes, etc.), lack of utility services, acts of God, wars and hostilities (declared or undeclared), terrorist action, legal actions (martial law, regulatory agency changes, sanctions), etc.
  2. All of Yoosbie’s staff members, directors, and agents are dedicated to providing a good experience to Visitors. When at all possible, we will endeavor to provide smooth, enjoyable service in connecting Visitors with Providers.

Have questions regarding these Terms and Conditions? Please contact Yoosbie, we’re pleased to help.

 

This page was last updated on 27th March, 2019.