Yuup Terms of Service: Hosts
Last updated: 3 June 2021 (SPB)
Please read these Yuup Terms of Service (“Terms”) carefully. 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 and application programme interfaces (collectively, "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 including the How We Work Together section (“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.
In accordance with Clause 8 below, any payments made by you or to you in connection with the Yuup Platform are made by Stripe payments, PayPal pay-outs or bank transfer using TransferWise.
Interpretation: in these Terms: (i) the singular includes the plural and vice versa; and (ii) reference to one gender includes a reference to all genders.
1. Yuup Services
1.1. The Yuup Platform enables you, as a registered host, (“Host” or “you”) to: (i) offer to provide a variety of experience services or activities (“Experiences”); (ii) describe, publish and advertise those Experiences on the Yuup Platform (“Experience Listing”); and (iii) communicate and transact directly with registered users of the Yuup Platform who wish to purchase your Experience (“Customers”). As part of the Yuup Platform’s functionality: (i) Customers may place orders with you for an Experience to enjoy themselves or as a gift for someone else; (ii) Customers may redeem credit or rewards (credit and rewards are non-transferable); (iii) Customers may purchase credit in the form of a gift card to be redeemed for Experiences with you, either to enjoy themselves or as a gift for someone else; (iv) Customers may book Experiences with you for third parties who participate in the Experience but do not have their own Yuup account (“Participants”); and (v) it is possible to schedule the specific time and date on which the Customer (or Participants) will undertake the Experience booked with you. Together, Hosts, Customers and Participants are “Users”.
1.2. Yuup is acting solely as the provider of the Yuup Platform. 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 simply introduces Hosts and Customers to each other. Yuup is not a travel agent, neither do we create or offer package holidays. Hosts are solely responsible for creating Experience Listings and delivering Experiences. When confirming a Customer’s request to make a booking for an Experience, Hosts are entering into a contract directly with Customer (see Clause 1.4 below). Hosts are under no obligation to accept Customer orders made on the Yuup Platform, all orders are accepted or declined at Host’s sole discretion.
1.3. We recommend that you upload your own terms and conditions for your Experience for Customers to accept as part of the booking process. However, you may choose to adopt the Sample Customer/Host Contract which we make available on the Yuup Platform, if you consider these draft terms appropriate. Yuup is not able to provide legal advice on the suitability of such sample terms, which are necessarily generic and may not be suitable terms for you to supply your particular Experience to Customers and/or Participants. Yuup accepts no liability for your use of the Sample Customer/Host Contract.
1.4. Yuup is not and does not become a party to or other participant in any contractual or other relationship between Hosts and Customers (each a “Customer/Host Contract”), which are entered into as described in Clause 7 below. Yuup is not acting as an agent in any capacity for any Host or Customer, other than as specified in Clause 8 (Customer Payments and Host Fees), Yuup’s role is that of an introducer only. 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 Yuup Services.
1.5. Yuup does not endorse or have any control over any User, Experience Listing or Experience, and we do not guarantee: (i) the conduct of any User, including a Customer or Participant’s compliance with the relevant Customer/Host Contract, these Terms (including any Yuup Policies) or any laws; (ii) the existence, quality, safety, suitability or legality of any Experience Listing or Experiences; (iii) the accuracy of any Experience Listings, Ratings (as defined below), Reviews (as defined below), or other User Content (as defined below); or (iv) your or any third party’s conduct.
1.6. Any references to a Host being "verified" mean solely that Host has completed a verification process. Any such description is not an endorsement, certification or guarantee by Yuup of any Host. Your use of the Yuup Services is voluntary and at your sole risk. We cannot guarantee any User's identity or background or whether that User is trustworthy, safe or suitable. You must exercise due diligence and care when deciding whether to create and publish an Experience Listing, accept a booking request from a Customer, deliver an Experience, or communicate and interact with Users, both online or in person.
1.7. Your relationship with Yuup is that of an independent, third-party contractor, and not an employee, agent, or partner of Yuup. You act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Yuup. Yuup does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Experiences. You acknowledge that you have complete discretion whether to post Experience Listings on the Yuup Platform or otherwise engage in other business or employment activities.
1.8. Yuup may use Experience Listing and other User Content in marketing materials, including on other websites, in Apps, on emails, and in online and other advertisements in accordance with Clause 5 (Content) in order to promote the Yuup Platform and Experience Listings.
1.9. 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 14.4. Yuup may modify the Yuup Platform and introduce new Yuup Services from time to time. Yuup will try to provide notice to Hosts of any material changes to the Yuup Platform, where reasonably possible.
2. Eligibility, Using the Yuup Platform and Verification
2.1. In order to access and use the Yuup Platform or register a Yuup Account (as defined in Clause 4.1 below) as a Host, you must be: (i) an individual at least 18 years old; 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 completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or on your booking and cancellation history.
2.3. Yuup does not assume any responsibility for checking any Host’s identity. We may, for fraud prevention purposes, and as permitted by applicable laws (without having an obligation to): (i) ask Users to provide a form of official identification and verify the identities or backgrounds of Users; (ii) screen Users against third party databases or other sources; and (iii) obtain reports from public records of criminal convictions or sex offender registrations or equivalent.
2.4. 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: (i) Google Maps/Earth mapping services, including Google Maps APIs, which are subject to the Google Maps/Google Earth Additional Terms of Service; (ii) Vimeo audio/visual hosting services, which are subject to the Vimeo Terms of Service; (iii) Twilio communications services (including Authy authentication services), which are subject to the Twillo Terms of Service; and (iv) Intercom communication services, which are subject to the Intercom Terms & Policies. By using the Yuup Platform you agree to comply with the terms applicable to all such Third-Party Services.
3. Modification of these Terms
Yuup reserves the right to modify these Terms at any time in accordance with this Clause. 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 14.2 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 posting an Experience Listing or accepting a booking for an Experience, you must register an account ("Yuup Account"). If you are registering a Yuup Account for an Organisation, you represent and warrant 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 and the public-facing profile page information up to date.
4.4. You are not allowed to register more than one (1) Yuup Account unless we authorise it in writing. However, if an employee acts as lead administrator for your Yuup Account, you can re-assign administration of the relevant Yuup Account to another of your authorised employees. Hosts have the option to create additional administrator user accounts for employees within their business.
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 other User or third party. 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 liable for any and all activities conducted through your Yuup Account, unless such activities are not authorised by you and you are not otherwise negligent (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.
5.1. Yuup may enable Hosts 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 10 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"). Hosts 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, are the exclusive property of Yuup and/or its licensors or authorising third parties. You will not remove, alter or obscure any copyright, trade mark, or other proprietary rights notices incorporated in or accompanying the Yuup Platform, Yuup Content or User Content. All trade marks, service marks, logos, trade names, and any other source identifiers of Yuup used on or in connection with the Yuup Platform and Yuup Content are trade marks or registered trademarks of Yuup in the United Kingdom and other countries. Trade marks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Yuup Platform, Yuup Content, and/or Combined Content are used for identification purposes only and may be the property of their respective owners.
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 mobile devices; and (ii) access and view any Combined Content made available on or through the Yuup Platform and accessible to you, solely in connection with your receipt of the Yuup Services.
5.6. You are solely responsible for all User Content that you make available on or through the Yuup Platform. Accordingly, you represent and warrant 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. Hosts 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 User Content, Yuup will notify Host 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. Hosts 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.
5.9. If you believe that any content on the Yuup Platform infringes any of your intellectual property rights (including copyright, trade marks or designs), please notify us.
6. Experience Listings
6.1. Once you have registered a Yuup Account (see Clause 2.1 above), in order to create an Experience Listing you must create a Host profile (“Host Profile”) containing your or your Organisation’s name, geographical location, image and other elements using the self-service host portal (the “Host Portal”) on the Yuup Platform. You must also complete the on-boarding process, including our payment verification process. You may update your Host Profile at any time.
6.2. To post an Experience on the Yuup Platform, you must create an Experience Listing. Experiences must at all times meet the Yuup quality standards for Experiences. The Experience Listings must meet Yuup’s editorial guidelines available on the Host Portal (and in particular the Yuup Acceptable Use Policy). Yuup reserves the right to decide, in its sole discretion, whether a submitted Experience will be published on the Yuup Platform. Experience Listings and the goods, services and/or digital content provided by you as part of the Experiences are referred to as “Host Services”, Once published, an Experience may be removed pursuant to the removal provisions below.
6.3. When creating an Experience Listing through the Yuup Platform you must provide complete and accurate information about your Host Services (such as a description, the location if applicable, calendar availability and the number of places available i.e. the capacity, if applicable). You will be able to choose the permissible cancellation period for each Experience from a drop-down menu. You also must, where applicable, fully educate and inform Customers and/or Participants about: (i) any risks inherent in the Experience; (ii) any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements; and (iii) anything else required to safely participate in the Experience (including dress codes, equipment, special certifications or licenses, etc.). You are responsible for keeping your Experience Listing information (including calendar availability) up to date at all times. You are responsible for providing any required personal protective equipment.
6.4. Once your Experience is published on the Yuup Platform, you will have the ability to use the Yuup Platform to add dates and times when you offer your Experience and to specify the capacity. By making your Experience available for a particular date and time on the Yuup Platform (a “Time Slot”), you agree that only people who book through Yuup can attend that Time Slot of the Experience. You further agree that you will not allow anyone to attend any Time Slot of your Experience available on the Yuup Platform unless that person booked through Yuup (or was added as an additional guest for a spot booked through the Yuup Platform) unless the additional attendees are in excess of the capacity you made available through the Yuup Platform.
6.5. You are solely responsible for setting a price for your Experience (including any taxes (such as VAT), fees, duties or levies (“Taxes”) or other charges such as equipment rental) within your Experience Listing (“Price”). If a Customer has made a booking request in relation to your Experience Listing referencing a certain Price, you cannot subsequently increase that Price.
6.6. Any terms and conditions included in your Experience Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Experience Listing or the Customer/Host Contract.
6.7. You are responsible for acquiring all equipment, supplies, vehicles, venues and other materials (“Equipment”) necessary to deliver your Experience. You are solely responsible for ensuring that the Equipment is in good working order and conforms to all laws pertaining to health and safety. Except as otherwise required by law, you assume all risk of damage or loss to your Equipment.
6.8. Pictures, animations or videos (collectively, "Images") used in your Experience Listing must accurately reflect the quality and condition of your Experiences. Yuup reserves the right to require that Experience Listing have a minimum number of quality Images.
6.9. The ranking of Experience Listing in search results on the Yuup Platform may vary and depend on a variety of factors, such as Customer search parameters and preferences, Host requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Host Service, and/or ease of booking.
7. Customer Bookings
7.1. The Yuup Platform will communicate any Customer booking requests to you by SMS. You must respond to any booking request within 4 working hours (between 8 am and 6pm, Monday-Friday, excluding public holidays in England). The SMS message will contain a link to the Host Portal within which you can accept or reject the Customer’s booking request. If you accept the Customer’s booking request, on your written confirmation to the Customer sent via the Yuup Platform you are entering into a legally binding agreement with the Customer on the terms of the Customer/Host Contract you have selected. You will then be required to provide your Host Services to the Customer as described in your Experience Listing when the booking request is made. You must provide the Experience in accordance with the Customer/Host Contract and all applicable laws and regulations.
7.2. In accordance with Clause 8 below: (i) Customers pay the Price for their Experience to you via us, which may be redeemed gift card credit or redeemed credit or other rewards; and (ii) you agree to pay us the corresponding Host Fee and any applicable Taxes.
7.3. Yuup recommends that Hosts obtain appropriate insurance for their Experiences. Please review your insurance policy carefully, to ensure that you understand any exclusions and/or deductibles in force for the policy, including whether or not your insurance policy will covers the Customers and Participants in your Experience, or other Host Service (as defined below). Yuup requires you to carry the minimum of £5,000,000 in public liability cover and £1,000,000 of professional indemnity cover, in addition to any insurance relevant to your Experiences, as such as vehicle cover, for example.
7.4. You must provide your Experience yourself or through an authorised representative of your Organisation and may not allow any third party to provide the Experience on your behalf, unless authorised by Yuup in writing.
7.5. As a Host, you are solely responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your Experience Listing and Experiences and for identifying and obtaining any required licenses, permits, or registrations. Certain Experiences (such as food preparation, serving alcohol for sale, guiding tours or operating a vehicle) may require Hosts to register or obtain a permit or a license before providing the service. If you have questions about any laws applicable to your Host Services, you should seek legal guidance. Yuup does not and cannot provide legal advice. You are responsible for ensuring that your Experience Listing or Host Services do not breach any agreements you may have with third parties.
7.6. You can choose to use the Yuup Platform to manage bookings generated by you through your own digital channels, such as your website, email newsletter or social posts (“Direct Bookings”). Yuup will charge you the Host Fees specified for Direct Bookings (“Direct Booking Fees”) on your Host Profile.
(a) The Direct Booking Fees will apply where you opt to use the Direct Bookings link feature and a Customer completes a purchase within 24 hours of having first clicked on the Yuup Direct Bookings link placed by you in your own digital channels. If the Customer completes the check-out process after the expiration of the first 24 hours, the booking will not be recorded as a Direct Booking and standard Host Fees will apply.
7.7. You can choose to use the Yuup Platform to manage bookings generated by you through non-digital channels owned by you, such as telephone or walk-in bookings (“Pass-through Bookings”). Yuup will charge you the Host Fees indicated for Pass-through Bookings on your Host Profile.
8. Customer Payments and Host Fees
8.1. Although Yuup is not a party to the Customer/Host Contract, you hereby appoint us as your payment collection agent solely for the limited purpose of accepting the Price received from Customers purchasing Experiences (or redeem any gift cards or credit/rewards), which we will pay-out to you, subject to Clauses 8.3 to 8.8 below. We will use reasonable endeavours to collect the Price from Customers at the time they make their booking request or when you confirm their booking for an Experience. You agree that payment made by a Customer through us shall be considered the same as a payment made directly to you, and you will provide the Experience to the Customer (and/or any Participant) in accordance with these Terms, and the Customer/Host Contract, as if you had received the payment directly from the Customer.
8.2. You agree that we may refund Customers in accordance with these Terms and our Customer Terms.
8.3. Yuup may charge fees to Hosts ("Host Fees") in consideration for the use of the Yuup Platform. The Host Fee rates specific to your Experiences will be agreed with you and set out in the How We Work Together section of your Yuup Account. You are responsible for paying any Host Fees that you owe to Yuup and we will deduct any Host Fees from the Price payable to you, before remitting those monies. Pay-outs are made to Hosts in accordance with Clause 8.6 below. Except as otherwise provided on the Yuup Platform, Host Fees are non-refundable.
8.4. Yuup reserves the right to change the Host Fees at any time and will provide Hosts adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
8.5. Hosts accept and agree that our obligation to pay you is subject to and conditional upon: (i) successful receipt of the associated payments from Customers; and (ii) the deduction of our Host Fees. Yuup can only pay Hosts for amounts that have been successfully received from Customers in accordance with our Customer Terms. In accepting appointment as your limited payment collection agent we do not assume any liability for any of Host’s acts or omissions.
8.6. Subject to Clause 8.8, a Host becomes eligible to receive the Price (less Host Fees) within three (3) working days after Host has delivered the Experience to the Customer/Participants. Yuup will make a payment on each Wednesday (unless it falls on a public holiday in England, in which case the next working day) after the expiration of the above three-working day period. Yuup will also withhold from any pay-out the Price received in respect of any cancelled bookings, subject to any aspect of the Price due under your cancellation policy.
8.7. We use Stripe Payments Europe Limited (“Stripe”) to process the Customer’s credit/debit card to pay the Price and either PayPal (Europe) S.à r.l. et Cie, S.C.A. (“PayPal”) or TransferWise Limited ("TransferWise") to process any payments being made to you. As third-party payment service providers, Stripe, PayPal and TransferWise may charge you additional fees when processing the payment or pay-outs. We are not responsible for any of their fees. When using Stripe to make payments or PayPal or TransferWise to process pay-outs, they may also impose additional terms and conditions, please review Stripe, PayPal and TransferWise’s terms and conditions before using their platforms to process payments.
8.8. 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 12 in connection with your Yuup Account.
9. Booking Modifications, Cancellations and Refunds
9.1. 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 Host Fees and/or allow us to refund to the Customer any excess Price paid associated with such Booking Modifications.
9.2. Customers can cancel a confirmed booking at any time within the cancellation period you set in your Cancellation Policy for the relevant Experience Listing by using the form available in their booking record and we will refund the Customer the full amount of the Price. However, the Customer will not get a refund if they cancel after the relevant cancellation period has expired, unless agreed by Yuup in writing. Please refer to Clause 14 below for details of how to terminate this overall Agreement.
9.3. If you cancel a confirmed booking (other than in circumstances listed in Clause 9.4(iv)), Yuup will give the Customer a full refund of the Price for the booking (unless we allow the Customer to apply the refund against any new booking they wish to make).
9.4. Hosts have the right to cancel a Customer’s booking in the following circumstances: (i) if we have requested that Host 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 17 (Force Majeure) below prevents a Host from providing the Experience; (iv) if the Customer has failed to comply with Host's terms such that you are unable to provide the Experience or it would be unsafe or unlawful to do so (for example, if the Customer has not provided any information or access to any premises or materials that you have requested, within a reasonable time of being asked for the same).
9.5. If Host cancels for the reasons described in Clause 9.4(iv) above, Yuup may give the Customer a partial refund of the Price in accordance with the relevant Cancellation Policy.
9.6. Hosts agree that if Yuup requests in writing that Host cancel any booking with a Customer, that Host will do so within any timeframe specified by Yuup in such notification. In any event, if Yuup has the right to terminate these Terms pursuant to Clause 14 (or if Yuup has the right to terminate its contract with the Customer), Yuup reserves the right to cancel a pending or confirmed booking on your behalf (or on behalf of a Customer) and initiate corresponding refunds and pay-outs. 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 service.
9.7. In circumstances where Yuup has paid Host any part of the Price in respect of a booking and the Customer is then later entitled to a refund (whether partial or full) in respect of that booking, Host shall reimburse Yuup for any monies paid to Host. Further, Host shall pay to Yuup the Host Fees for that booking, and Yuup shall be entitled to retain, withhold and deduct the Host Fees from any monies held by Yuup on Host's behalf, including pay-outs related to other bookings.
10. Ratings and Reviews
10.1. After completing a booking, Customers can leave a public review (“Review”) and submit a star rating (“Rating”) about the Host. 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.
10.2. Reviews (or any comments thereon) should not contain any offensive or defamatory language and are subject to our Yuup Acceptable Use Policy.
10.3. Customers are asked to ensure that any Rating or Review they make is their own genuine, unbiased and honest opinion. Hosts 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.
10.4. Ratings and Reviews are part of a Host's public profile and may also be accessed elsewhere on the Yuup Platform (such as the Experience Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
11. Data Protection and Privacy
11.1. For the purposes of this clause 11, the following definitions shall apply:
(a) “Data protection Laws” means all applicable data protection and privacy legislation in force from time to time including the General Data Protection Regulation 2016/679, the UK Data Protection Act 2018 and the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003 No. 2426) as amended or replaced and as applicable to a party;
(b) “Personal Information” means the personal data provided to Host by on behalf of Yuup pursuant to these Terms; and
(c) The terms “controller”, “data subjects”, “process” (and all related terms, such as “processing”) and “personal data” shall be defined in accordance with Data Protection Laws.
11.2. Host acknowledges and agrees that it will be a controller of the Personal Information. Host shall: (i) comply with Data Protection Laws at all times when processing the Personal Information; (ii) not do or omit to do anything which puts Yuup in breach of Data Protection Laws; (iii) only process the Personal Information as is strictly necessary in order for it to use the Yuup Services, provide Customers and Participants with Experiences and as otherwise permitted by Data Protection Laws.
11.3. Without prejudice to the generality of Clause 11.2, the Host shall ensure that it provides all information to, and obtains any consents from, data subjects which are required under Data Protection Laws in order for it to lawfully and fairly process the Personal Information.
12. Disputes with Hosts
12.1. Customers are encouraged to let us know if they had any issues with their Experience (“Customer Complaint”) We will notify you of any such Customers Complaints and seek your written response. If you agree to compensate the Customer/Participant, or if Yuup reasonably determines that Host has breached the Customer/Host Contract, we will work to compensate the Customer/Participant for any loss or damage they have suffered. You may appeal a decision taken by Yuup on the basis of this Clause 12 by contacting customer services.
12.2. 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 Customer or Participant.
12.3. 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.
12.4. Hosts should note that Yuup requests that Customer Complaints are submitted to Yuup within three (3) days after the relevant Experience. However, Yuup reserves the right not to help to resolve any: (i) Customer Complaints; or (ii) disputes you may have against Customers. In those circumstances, Yuup will provide Users with their respective contact details for them to resolve the dispute directly between themselves.
13. Complaints about Users
13.1. 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 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.
14. Term and Termination, Suspension and other Measures
14.1. This Agreement begins when you accept these Terms and continues until you or Yuup terminate the Agreement in accordance with this clause.
14.2. Host termination. You may terminate your Yuup Account or this Agreement at any time by calling us or sending us an email. If you terminate this Agreement or your Yuup Account, any confirmed bookings will be automatically cancelled. Where this Agreement is terminated or any booking is cancelled, any refund of the Price to the Customer and any Host Fees payable by you (and therefore any subsequent pay-out due to you) will depend upon the reason for termination, the cancellation policy you set in the Experience Listing and the terms of your Customer/Host Contract. For example, if the Customer terminates due to any of the events listed in Clause 17 (Force Majeure) below they will receive a full refund of the Price.
14.3. 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 confirmed bookings will be automatically cancelled, Customers will receive a full refund of the Price paid for such bookings.
14.4. Yuup rights to suspend, cancel and termination. Yuup may immediately, without notice: (i) terminate this Agreement; (ii) stop providing access to the Yuup Platform Yuup; (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) if 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 at any time fail to meet any applicable quality or eligibility criteria;
(g) if you have repeatedly received poor Ratings or Reviews;
(h) if Yuup becomes aware of or has received complaints about your performance or conduct; or
(i) if you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason,
Where Yuup takes any action under this Clause, it reserves the right to cancel any confirmed or pending bookings, to refund the Customer all or a proportion of the Price, irrespective of pre-existing cancellation policies and to claim from Host any Host Fees due. You accept that you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
14.5. Yuup termination for force majeure. Yuup may terminate this Agreement pursuant to Clause 17.2 below. If that is the case, any confirmed bookings will be automatically cancelled, the Customer will receive a full refund of the Price paid for the booking and, in accordance with the How We Work Together section of your Host Account, no Host Fees will be due in respect of that booking.
14.6. 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 a Yuup Account of another Host.
14.7. The termination of this Agreement is without prejudice to any rights acquired up to the date of termination, including any rights for Host to receive their share of the Price in respect of any Experiences delivered in accordance with these Terms and the relevant Customer/Host Contract.
15.1. Nothing in this agreement excludes Yuup’s liability: (i) for death or personal injury caused by negligence; (ii) for fraud or fraudulent misrepresentation; or (iii) for any other liability for which it is not lawful to restrict or exclude liability.
15.2. Subject to Clause 15.1 above:
(a) Yuup shall not be liable whether in contract, tort (including for negligence or breach of statutory duty), misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these Terms; and
(b) Yuup’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the greater of: (i) £100; and (ii) the total of all Prices (less Service Fees) payable to the Host during the calendar year in which the claim arose.
16.1. To the maximum extent permitted by applicable law, you agree to release, defend (at Yuup’s option), indemnify, and hold Yuup and its affiliates and subsidiaries, and their officers, directors, employees and agents, 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 or the Yuup Policies; (ii) your improper use of the Yuup Platform or any Yuup Services; (iii) your interaction with any User, provision of any Experience or other Host Service, 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, stay, participation or use; or (iv) your breach of any laws, regulations or third party rights.
17. Force Majeure
17.1. Yuup shall have no liability to Host under these Terms if it is prevented from or delayed in performing its obligations under these Terms, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of Host or any other party), failure of a utility service or transport or telecommunications network, act of God, inclement weather, fire, flood or other natural disaster, accident war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of hosts or sub-contractors, epidemic or pandemic (each a “Force Majeure Event”).
17.2. If any Force Majeure Event continues for a period of four (4) weeks either you or we can terminate these Terms by providing written notice to the other.
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.
19. Applicable Law and Jurisdiction
19.1. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
19.2. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
20. General Provisions
20.1. Conflict. If there is an inconsistency between any of the provisions in these Terms and any other document referred to herein, the provisions in these Terms shall prevail.
20.2. Variation. Subject to Clause 3, no variation of these Terms shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
20.3. Waiver. No failure or delay by Yuup to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
20.4. Rights and remedies. Except as expressly provided in this agreement, the rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
20.5. Severance. If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.
20.6. Entire agreement. This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Host acknowledges that in entering into this Agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Host agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement. Nothing in this clause shall limit or exclude any liability for fraud.
20.7. Assignment. Host shall not, without Yuup’s prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement. Yuup may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.
20.8. Third party rights. This Agreement does not confer any rights on any person or party (other than the parties to this Agreement and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.
20.9. 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.
20.10. Unless specified otherwise, any notices or other communications to Hosts 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.
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