Terms and Conditions (T&Cs) – Updated 7th October 2021.
Welcome to YUGOT. We are so glad you are here. Make yourself comfortable and have a good time, but please follow our house rules.
YUGOT operates a social media-inspired peer-to-peer marketplace which uses artificial intelligence to suggest relevant sellers and items to you and to display your items to the most relevant potential buyers, based on your preferences and other information submitted to it, and which allows you to buy and sell items using the YUGOT Platform which we make available for download through an app store on your mobile device or via our website. You can search for items, log-in to your profile and view other profiles (each account has a unique and public URL) via the website.
The Service is operated by YUGOT Limited, incorporated and registered in England and Wales under company number 13561741 and with registered office is at Whitley House, Churchill Gardens, London, SW1V 3BJ (“we”, “our, or “us”).
These Terms of Service (“Terms”) are a binding legal agreement between you (“the user”) and YUGOT that govern your use of the websites, applications, and other offerings from YUGOT (collectively, the “YUGOT Platform”). When used in these Terms, “YUGOT,” “we,” “us,” or “our” refers to the YUGOT entity with whom you are contracting.
The YUGOT Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “sellers” and Members who search for, book, or use services are “buyers.” Sellers offer products (“items”), and other services (collectively, “Seller Services,” and each Buyer Service offering, a “Listing”). You must register an account to access and use many features of the YUGOT Platform, and must keep your account information accurate. As the provider of the YUGOT Platform, YUGOT does not own, control, offer or manage any Listings or Seller Services. YUGOT is not a party to the contracts concluded directly between Sellers and Buyers, nor does YUGOT have a warehouse to store listed items. YUGOT is not acting as an agent in any capacity for any Member, except as specified Payment Terms.
We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and our Payments Terms, which govern any payment services provided to Members by the YUGOT payment entities (“YUGOT Payments”).
If you are a Seller, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Seller Services.
TABLE OF CONTENTS
1. Accepting These Terms
2. Those Other Documents We Mentioned
3. Your Privacy
4. Your Account with YUGOT
5. Your Content
6. Your Use of Our Services
7. Termination
8. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)
9. Indemnification (or What Happens If You Get Us Sued)
10. Disputes with Other Users
11. YUGOT’s Buyer Protection
12. YUGOT’s Seller Protection
13. Shipping
14. Disputes with YUGOT
15. Changes to the Terms
16. Some Finer Legal Points
17. Contact Information
1. Accepting These Terms
This document and the other documents that we reference below make up our house rules, or what we officially call our Terms of Use (the “Terms” for short). The Terms are a legally binding contract between you and YUGOT. We’ll just refer to YUGOT, Inc. and all of its subsidiaries collectively as “YUGOT”.
Please note that Section 11. Disputes with YUGOT, contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions. This contract sets out your rights and responsibilities when you use YUGOT.com, our mobile apps, and the other services provided by YUGOT (we will refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you are agreeing to the Terms. If you do not agree with the Terms, you may not use our Services. Agree with us? Great, read on!
This is an agreement between you and YUGOT Services (with its affiliates, “YUGOT” or “we”). Please read these YUGOT Terms and Conditions, the YUGOT.com Privacy Notice, the YUGOT.com Terms of Use, and the other applicable rules, policies, and terms available at the YUGOT.com website, or on or through the YUGOT Software (collectively, this “Agreement”) before using the YUGOT Services on a Product. By using the YUGOT Services, you agree to be bound by the terms of this Agreement on behalf of yourself and all members of your household and others who use YUGOT Services under your account. If you do not accept the terms of this Agreement, then you may not use the YUGOT Services and you may return your Product in accordance with any applicable return policy. Your use of any of the YUGOT Services is subject to any additional rules, policies, and terms that apply to those YUGOT Services.
For the purpose of these, YUGOT Terms of Use:
“YUGOT” means the provision of YUGOT, Digital Content, and support and other services that we provide Product users.
“YUGOT Software” means all software we make available to you for use on a Product, but excludes third party Digital Content.
“Digital Content” means digitized content (including third-party content), such as videos, music, apps, games, skills, photos, audio, books, newspapers, magazines, and related features and functionality.
“Product” means a Fire TV device that is developed and manufactured by a third party and enables access to YUGOT Services.
If there is anything within them that you do not understand, then please contact us via our Help Centre.
2. Those Other Documents That We Mentioned
YUGOT Services connect people around the world, both online and offline, to make, sell, and buy unique goods. Here is a handy guide to help you understand the specific rules that are relevant for you, depending on how you use the Services:
Our House Rules for Everyone. If you use any of our Services, you agree to these Terms, our Privacy Policy, and our Anti-Discrimination Policy.
Our House Rules for Sellers. If you list any items for sale through our Services, these policies apply to you. You can read them here.
Our House Rules for Buyers. If you use our Services to browse or shop, these policies apply to you. You can read them here.
Our House Rules for Third Parties. These policies apply to intellectual property owners, YUGOT API users, affiliates, and anyone requesting information from YUGOT.
Search and Advertising Ranking Disclosures. This is a concise summary of how YUGOT organises search results and advertising results that could include Your Content.
You should also read our Cookie Policy to understand how we use cookies within the Service.
All of these policies are a part of our Terms, so be sure to read the ones that are relevant for you. Of course, you will still want to read the rest of this document because it applies to everyone!
3. Your Privacy
We know your personal information is important to you, so it is important to us. Our Privacy Policy details how your information is used when you use our Services. By using our Services, you are also agreeing that we can process your information in the ways set out in the Privacy Policy.
Both YUGOT and sellers process members’ personal information (for example, buyer name, email address, and delivery address) and are therefore considered separate and independent data controllers of buyers’ personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not YUGOT, will be responsible for that unauthorised disclosure.
If, however, YUGOT and sellers are found to be joint data controllers of buyers’ personal information, and if YUGOT is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify YUGOT for the expenses it occurs in connection with your processing of buyer personal information. See Section 9. Indemnification (or What Happens If You Get Us Sued) for more information about your indemnification obligations to YUGOT.
4. Your Account With YUGOT
You will need to create an account with YUGOT to use some of our Services. Here are a few rules about accounts with YUGOT:
A. You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use YUGOT or the Services. You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products or services available that you may want to consider limiting a minor’s access to material online.
B. Be honest with us. Provide accurate information about yourself. It is prohibited to use false information or impersonate another person or company through your account.
C. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
D. You are responsible for your account. You are solely responsible for any activity on your account. If you are sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you are registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. In addition, your accounts are not transferable.
E. Protect your password. As we mentioned above, you are solely responsible for any activity on your account, so it is important to keep your account password secure.
F. Let us be clear about our relationship. These Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and YUGOT.
G. As you are responsible and liable for activities conducted through your account and must immediately notify YUGOT if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised.
H. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
5. Your Content
Content that you post using our Services is your content (“Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).
A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you are not infringing or violating any third party’s rights by posting it.
B. Permission to Use Your Content. By posting Your Content through our Services, you grant YUGOT a license to use it. We do not claim any ownership to Your Content, but we have your permission to use it to help YUGOT function and grow. That way, we will not infringe any rights you have in Your Content and we can help promote it. For example, you acknowledge and agree YUGOT may offer you or YUGOT buyers promotions on the Site, from time to time, that may relate to your listings
C. Rights You Grant YUGOT. (Here is the legalese version of the last section). By posting Your Content, you grant YUGOT a non-exclusive, worldwide, royalty-free, irrevocable, sub- licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote YUGOT, your YUGOT account, or the Services in general, in any formats and through any channels, including across any YUGOT Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognise our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
D. Parts of the YUGOT Platform enable you to provide feedback, text, photos, audio, video, information, and other. By providing Content, in whatever form and through whatever means, you grant YUGOT a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation.
E. If Content includes personal information, our Privacy Policy describes how we use that personal information. Where YUGOT pays for the creation of Content or facilitates its creation, YUGOT may own that content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant YUGOT the rights described in these Terms.
F. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy and Non-discrimination Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content.
G. You agree that YUGOT may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. YUGOT does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.
H. We do not check or moderate any User Content before users add it to the Service. We may later check, moderate, reject, refuse or delete any User Content if we think that it breaks any of the Rules of Acceptable Use, or we believe it is against the ethos of YUGOT.
I. User Content removed from the Service may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations. Therefore, we encourage you to maintain your own backup of your User Content and you agree that you will not rely on the Service for the purposes of User Content backup or storage. To the extent permitted by applicable law, we shall have no liability for any loss of User Content.
J. Reporting Unauthorised Content. YUGOT has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please follow the steps listed in our Intellectual Property Policy. If Your Content is alleged to infringe another person’s distribute, publish and otherwise exploit, that Content, without limitation. intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your account if you are found to be a repeat infringer. We will notify you if any of that happens.
K. Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we do not want posted on YUGOT’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Prohibited Items Policy, Community Policy, or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
That sounds like a lot, but it is necessary for us to keep YUGOT going. Consider these examples: if you upload a photo or video of a listing on your YUGOT shop, we have permission to display it to buyers, and we can resize or enhance it so it looks good to a buyer using our mobile app; if you post a description in English, we can translate it into French so a buyer in Paris can learn the story behind your item; and if you post a beautiful photo or video of your latest handmade necklace, we can feature it – often along with your shop name and shop picture – on our homepage, in one of our blogs or even on a billboard to help promote your business and YUGOT.
6. Your Use of Our Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services – subject to the Terms and the following restrictions in particular:
A. Do not Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it is your responsibility to obtain any permits or licences that your shop requires, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the sale and delivery of your items, such as age verification upon delivery, where required by law. You may not sell anything that violates any laws; you must comply with our Sanctions Policy, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against YUGOT, another YUGOT user, or a third party.
B. Pay Your Bills. You are responsible for paying all fees that you owe to YUGOT. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. For digital items sold to buyers in Australia, Belarus, Chile, the EU, Iceland, India, Indonesia, Japan, Malaysia, Mexico, Moldova, New Zealand, Norway, Quebec (Canada), Russia, Saudi Arabia, Serbia, Singapore, South Africa, South Korea, Switzerland, Taiwan, Turkey, United Arab Emirates or the United Kingdom. YUGOT will help collect and remit the correct amount of value-added tax or VAT. Some countries may refer to VAT using other terms, e.g. Goods and Services Tax (GST), but we will just refer to VAT, GST, and any local sales taxes collectively as “VAT”. In addition, YUGOT will calculate, collect, and remit sales tax where applicable.
C. Do not Steal Our Stuff. You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
D. Do not try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
E. Follow Our Trademark Policy. The name “YUGOT” and the other YUGOT marks, phrases, logos, and designs that we use in connection with our Services (the YUGOT Trademarks), are trademarks, service marks, or trade dress of YUGOT in the UK and other countries.
F. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to YUGOT (not including Your Content or items you sell through our Services) are considered non- confidential and non-proprietary to you. 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.
G. Talk to Us Online. From time to time, YUGOT will provide you with certain legal information in writing. By using our Services, you are agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (such as by email) instead of mailing your paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.
H. You must make sure the email address you provide in your Account details remains active and is checked by you on a regular basis.
When using the Service you must not:
A. Create more than one Account on the Service (however, you may connect all your social networks or other services accounts, that we support, to your Account on the Service) unless we agree otherwise.
B. Give any false or misleading information in your Account details.
C. Permit another person to use the Service under your name or on your behalf unless you are a business and such person is authorised by you.
D. Use the Service if we have suspended or banned you from using it.
E. Send junk, spam or repetitive messages.
F. Engage in any illegal or unlawful conduct including selling or intentionally purchasing any fake or counterfeit items or any item that otherwise breaches another person’s rights, and must comply with applicable legal requirements relating to the sale or purchase of Sale Items (including but not limited to import and export rules and illegal products, the listing of any age restrictions, distance selling and cooling off rights which may apply to a Sale Item where the seller is a business).
G. Modify, interfere, intercept, disrupt or hack the Service.
H. Misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material, which would harm the Service or any user of the Service’s own equipment.
I. Collect any data from the Service other than in accordance with these Terms of Service.
J. Submit or contribute any User Content (including comments and descriptions relating to Sale Items) that contains unlawful content, nudity or violence, is abusive, bullying, threatening, harassing, obscene, misleading, untrue, offensive, defamatory, derogatory or uses bad or rude language, as YUGOT may decide in its absolute discretion.
K. Unfairly or unlawfully, interfere or manipulate any ratings system or user feedback system.
L. Submit or contribute any User Content without the permission of the content owner, or otherwise infringe the copyright, trademark or other rights of third parties (which includes using hashtags for protected brands, in connection with your listing, that are irrelevant to such listing).
M. Offer to sell or buy any of the items we list as prohibited items – items – YUGOT has a zero tolerance policy on using the Service to promote, advertise or sell drugs, drug paraphernalia, tobacco and/or tobacco paraphernalia or related products.
N. Purchase or sell a Sale Item by making direct arrangements with the buyer or the seller to use a payment method other than PayPal or via YUGOT payment services (if applicable) available through the Service. M. Offer to sell or buy any of the items we list as prohibited items – items – YUGOT has a zero tolerance policy on using the Service to promote, advertise or sell drugs, drug paraphernalia, tobacco and/or tobacco paraphernalia or related products.
O. Take any action, which is deliberately designed to circumvent, reduce or manipulate the Commission due to us.
P. Submit or contribute any information or commentary about another person without that person’s permission, or post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
Q. Mine data, screen scrape or crawl any part of the Service.P. Submit or contribute any information or commentary about another person without that person’s permission, or post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
R. Disassemble, decompile or reverse engineer any part of the Service.
S. Adapt copy, vary, edit, distribute or commercialise any content in the Service without the prior written consent of YUGOT.
T. Circumvent any technical measures implemented to protect or provide the Service.
U. Use any third party’s PayPal account unless you have express permission from them to do so.
V. Use the service to drop ship
Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice, and entirely at our discretion):
A. immediate, temporary or permanent withdrawal of your right to use our Service;
B. immediate, temporary or permanent removal of any User Content (including the removal of Sale Items listed on the Service);
C. issuing of a warning to you;
D. legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
E. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
F. We may investigate any suspected breach of the Rules of Acceptable Use. During such investigation, we may temporarily withdraw your right to use our Service or remove User Content (including the removal of Sale Items listed on the Service) without notice to you.
G. The responses described are not limited, and we may take any other action we reasonably deem appropriate.
7. Termination
A. The agreement between you and YUGOT is reflected by these Terms is affective when you access the YUGOT Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.
B. Termination by You. We would hate to see you go, but you may terminate your account with YUGOT at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. However, you will still have to pay any outstanding bills.
C. Termination by YUGOT. We may terminate or suspend your account (and any accounts YUGOT determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it is important to understand that you do not have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Generally, YUGOT will notify you that your account has been terminated or suspended, unless you have repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you. If you or YUGOT terminate your account, you may lose any information associated with your account, including Your Content. YUGOT may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. YUGOT may also terminate this agreement immediately if you violate our Policies, you violate applicable laws or we reasonably believe termination is necessary to protect YUGOT, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.
D. We May Discontinue the Services YUGOT reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in YUGOT’s policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
E. For minor violations or where otherwise appropriate as YUGOT determines in its sole discretion, you will be given notice of any intended measure by YUGOT and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service.
F. Legal Mandates. YUGOT may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body.
G. Effect of Termination. If you are a Seller and terminate your YUGOT account, any confirmed sales will be automatically cancelled and your buyers will receive a full refund. If you terminate your account as a Guest, any confirmed purchases will be automatically cancelled and any refund will depend upon the terms of the purchase cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the YUGOT Platform has been limited, or your YUGOT account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the YUGOT Platform through an account of another Member.
H. Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
8. Warranties and Limitations of Liability
8.1 Items You Purchase
You understand that YUGOT does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so YUGOT cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release YUGOT from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
You alone decide whether to proceed with a sale or purchase of a Sale Item. As such, we make no commitments regarding the Sale Items including the quality or delivery of the Sale Items, or for honouring (or causing any seller to honour) any erroneous information regarding the price, description and availability of, or any information relating to any Sale Items promoted or available through our Service, or the ability of the buyer to complete any purchase of the Sale Items.
8.2 Content You Access
You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. YUGOT is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
8.3 People You Interact With
You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
8.4 Third-Party Services
Our Services may contain links to third-party websites or services that we do not own or control (for example, links to Facebook, Twitter and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. YUGOT is not a party to those agreements; they are solely between you and the third party.
8.5 Gift Cards and Promotions
You acknowledge that YUGOT does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorised access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorised manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.
8.6 Service Unavailable
Although it is our intention that the Service is available as much as possible, there may be occasions when the Service may be interrupted, including for scheduled maintenance, upgrades and emergency repairs, or due to failure of telecommunication links and/or equipment. The Service and any content contained therein (including User Content) is provided on an “as available” and “as is” basis. This means that we are unable to promise that your use of the Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Service in these Terms of Service and, to the extent we are able to do so, we exclude any commitments that may be implied by, or be expressed by, applicable law. You accept that the internet may be subject to breaches of security and that the submission of User Content or other information may not be secure.
YUGOT is also not responsible or liable for any loss or harm caused by viruses, worms or other programmes designed to impair the Service.
8.7 Provision of Service
For any other claims arising out of the provision of the Service, we do not accept any responsibility whatsoever (whether arising in contract, tort otherwise), except where we cannot disclaim, exclude or limit responsibility by law (such as death and/or personal injury caused by our negligence).
We will never be responsible for any loss or damage that is not reasonably foreseeable and we will never be responsible for indirect losses and/or financial and business loss, or loss of goodwill or reputation.
8.8 Warranties
YUGOT is dedicated to making our services the best they can be, but we are not perfect and sometimes things can go wrong. You understand that are Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming warranties of title, non-infringement merchantability and fitness for a particular purpose, as well as any warranty implied by a course of performance, course of dealing, or usage of trade. We do not guarantee that: (I) the services will be secure or available at any particular time or location; (II) any defects or errors will be corrected; (III) the Services will be free of viruses or other harmful materials; or (IV) the results of using services will meet your expectations. You use the services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
8.9 Liability Limits
Fully permitted by law, neither YUGOT, nor our employees or directors shall be liable for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the Services or these terms. In no event shall YUGOT’s aggregate liability for any damages exceed the greater of One Hundred (£100) British Pounds (“British Pound Sterling or GBP”) or the amount you paid to YUGOT in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
9. Indemnification
To the maximum extent permitted by applicable law, you agree to release, defend (at YUGOT’s option), indemnify, and hold YUGOT (including other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
(I) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Policies or Standards,
(II) your improper use of the YUGOT Platform,
(III) your interaction with any Member, Purchase of an item, participation in a transaction, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use,
(IV) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or
(V) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.
We will never be responsible for any loss or damage that is not reasonably foreseeable and we will never be responsible for indirect losses and/or financial and business loss, or loss of goodwill or reputation.
10. Disputes with Other Users
If you find yourself in a dispute with another user of YUGOT’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
1. Case System, Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps may participate in our case system. YUGOT will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. YUGOT has no obligation to resolve any disputes.
2. Release of YUGOT You release YUGOT from any claims, demands, and damages arising out of disputes with other users or parties.
3. If you use PayPal or YUGOT Payments via Stripe to pay for a Sale Item or receive any money for a Sale Transaction you may be eligible for Buyer or Seller Protection.
4. All purchases/sales made outside of YUGOT are against our Terms of Service and are not covered by Buyer or Seller Protection.
5. If: a) as a buyer your Sales Item has not arrived, or if what you received is significantly not as described or faulty, or b) as a seller you are sent an unauthorised payment, or a buyer claims they didn’t receive their Sale Item, you can report the issue to us within 180 days and we will reply to you with instructions on how to proceed. Please make sure you report the issue and open a dispute with our help centre.
6. In regards to any kind of buyer or seller protection, we can only accept tracking codes as valid proof of delivery (a tracking code that can be verified online – this does not include Royal Mail reference numbers unless this records actual delivery), and that the cost of returning the Sales Item cannot be refunded.
7. In order to be eligible for PayPal Buyer or Seller Protection, you must: a) purchase/sell the Sale Item in-app using PayPal, and b) report the transaction issue to PayPal within 180 days from the date of purchase/sale. Buyer or Seller Protection applies only if these conditions are met. PayPal Buyer or Seller Protection does not cover non-material goods, prohibited items and meet-in-person transactions.
8. If PayPal verify that the Sales Item was not received or was significantly not as described, you may be entitled to a refund under Buyer Protection. If the Sales Item is significantly not as described, PayPal will ask you to return it to the seller before refunding you. If the Sales Item is found to be counterfeit, PayPal will ask you to destroy it.
9. Sellers using PayPal: If PayPal verifies the circumstances of your claim, then you may be covered for the Sale Item on eligible sales.
10. PayPal’s investigation of disputes is subject to the PayPal Terms of Service to which you will have agreed when setting up your PayPal account, so you should check these.
11. YUGOT’s Seller Protection
To qualify for YUGOT’s Seller Protection, you must be able to prove that
a) You sold the Sale Item via YUGOT Payments,
b) you dispatched the order to the address provided on the YUGOT receipt within 7 days of the order (or any timeframe set out in the description for the Sale Item in question if different),
c) You responded to any YUGOT emails relating to such Sale Item within the requested period and
d) The Sale Item materially and significantly conformed to the description thereof in your shop.
Where Buyer and Seller cannot agree resolution, YUGOT will try to mediate a resolution between you and the Buyer. If we find that the Buyer was correct in that the Sale Item was not as described or was not delivered, subject to the Buyer returning the item to you, you agree to refund the full sale price of the Sale Item and where you fail to do so, you hereby give YUGOT permission to do so on your behalf.
If a chargeback is raised against you as Seller, YUGOT will ask you to provide evidence of shipping and that the Sale Item was as described in the original listing, within three calendar days. If you do not respond within the timeframe and/or we believe the Buyer to have validly initiated the chargeback, we will activate a refund for the Buyer of the value of the Sale Item in question and a 15 GBP chargeback fine will be deducted from your YUGOT Payment account. If Buyers are making regular chargebacks from you as a Seller, then we may investigate your account and your compliance with these terms of service. This may result in suspension of your account.
Should you decide to appeal any decision YUGOT has made under this section of the terms, then please contact us. Be aware that we will only consider appeals where you can supply new evidence to support your case.
12. YUGOT Buyer Protection
To qualify for YUGOT Buyer Protection, you must be able to prove that
a) you bought the Sale Item with YUGOT Payments and,
b) The Sale Item did not arrive OR was materially and significantly different to the description thereof OR the Sale Item was counterfeit.
If we (“YUGOT”) find that the above criteria is fulfilled, subject to you returning the Sale Item where requested (tracked delivery), you will receive a full refund of the Sale Item from the Seller.
13. Shipping
1. The seller is responsible for the shipment of the Sales Item to the buyer. A seller may request a refund for unused postage via email to YUGOT Community Support. Any refund is subject to the policies of the applicable Courier. If the Courier refuses to issue a refund, YUGOT is not liable for any postage amounts paid to such Courier. If a refund is issued, it will be provided no earlier than 7 days after the order date. Any postage or fee refund claims must be filed within 30 days after the label has been issued.
2. YUGOT shall not be responsible for any local customs charges, import taxes or duties or any similar charge(s) incurred through the carriage and/or delivery of any shipments and the seller must satisfy themselves as to whether any of these charges will become due, and if so in what amounts. If any such charges become due because of carriage and/or delivery of a shipment and are charged to YUGOT by any competent authority the seller agrees to reimburse YUGOT fully in respect of the same within 7 days of our demand.
3. Sellers in the United Kingdom who choose to use the “Ship with YUGOT” option to deliver an item within the United Kingdom may be subject to the additional terms set out in our Shipping Policy for UK-based Sellers.
14. Disputes with YUGOT
If you are unhappy with our Platform let and us (“YUGOT”) us know, and hopefully we can resolve your issue. However, if we cannot, then these rules will govern any legal dispute involving our Services:
A. Governing Law. The laws of the State of New York, without regard to its conflict of laws rules, and the laws of the United States of America govern the Terms. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
B. Arbitration. You and YUGOT agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here), unless otherwise required by law. **Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.
C. For EU sellers, if any dispute arises in connection with the Terms, the parties should first try to resolve the dispute through the complaints procedure published here. In addition, either party to the Centre may refer the dispute for Effective Dispute Resolution (“CEDR”) for mediation. The Parties agree to enter into mediation to settle a good faith dispute and will do so in accordance with the CEDR’s mediation procedures. Unless otherwise agreed between the parties within 14 days of notice of the dispute, the mediator will be nominated by CEDR. To initiate the mediation a party must give notice in writing to the other party to the dispute, referring the dispute to mediation. A copy of the referral should be sent to CEDR.
D. Any arbitration or mediation under the Terms will take place on an individual basis. You understand that by agreeing to the Terms, you and YUGOT are each waiving the right to trial by jury or to participate in a class action lawsuit. Class arbitrations shall only be available if requested by either party under its Class Action Arbitration Rules and approved by the arbitration entity. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non- representative, and non-class basis.
E. Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules, and in the case of CEDR, its rules. If the value of your claim does not exceed $10,000 USD, YUGOT will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that the substance of your claim or the relief sought either was frivolous or brought for an improper purpose. For mediation through CEDR, the parties will pay their share of mediation costs, and under certain conditions, such fees may be refundable to you, depending on the outcome of the mediation.
F. Forum. We are based in London, so any legal action against YUGOT related to our Services must be filed and take place in London, United Kingdom. For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in London, England or United Kingdom, and any in-person hearings will be conducted at a location, which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to arbitration or mediation, you and YUGOT agree to submit to the personal jurisdiction of a state or federal court located in the City of London.
G. Government Exception. If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York.
H. Modifications. If we make any changes to this “Disputes with YUGOT” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against YUGOT prior to the date the changes became effective. YUGOT will notify you of substantive changes to the “Disputes with YUGOT” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send YUGOT a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and YUGOT in accordance with the provisions of this “Disputes with YUGOT” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
15. Changes to The Terms
We may revise these Terms of Service from time to time and any changes will take effect after 30 days of any notification email sent to you notifying you of any changes, or at the time the revised Terms of Service are posted (whichever is the earlier) and your continued use of the Service shall constitute acceptance of such revised Terms of Service.
Changes will usually occur because of new features being added to the Service, changes in the law or where we need to clarify our position on something. We will try, where possible and reasonable, to contact you to let you know about any significant changes to any of the documents referred to in these Terms of Service. We may contact you through the Service (for example by asking you to accept the changes before you continue to use the Service) or via a separate email.
Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens, we will not give you any notice.
16. Finer Legal Points
As we are based in England, English law will apply to all disputes and the interpretation of these Terms of Service. The English courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Service. These Terms of Service do not exclude any mandatory legal rights you may have or obligations YUGOT may have in your country of residence, where YUGOT is not allowed to exclude such as a matter of law.
We may assign any of our rights and obligations under these Terms of Service. However, these Terms of Service do not create an agency, partnership, employment or joint venture relationship between you and YUGOT.
YUGOT will not be liable for any delay in performing or failure to perform its obligations caused by any force majeure event. In those circumstances YUGOT will be granted a reasonable extension of time for the performance of its obligations, the reasonableness of that extension to be assessed in the context of these Terms of Service and YUGOT is other commitments.
No third party or (except, where applicable, the permitted assign of YUGOT) is entitled to the benefit of these Terms of Service under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
17. Contact Information
If you need to contact us in relation to these Terms of Service or any other document mentioned in them, please contact us via our Help Centre here.
We value hearing from our users, and are always interested in learning about ways we can improve the Service. By providing your feedback, you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.