Last Updated: March 20, 2016
PLEASE READ THE TERMS CAREFULLY BEFORE USING OUR SERVICES. BY ACCESSING, OR USING ANY OF THE APPLICATION, SITE AND SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THESE SERVICES.
The Services constitute an online or mobile platform that enables users of Yougoz’s provided as part of the Services (each, an “Application“) to arrange and schedule services with third party providers of such services, including independent third party professionals of those services, under agreement with Yougoz or certain of Yougoz’s affiliates (“Third Party Providers“). Unless otherwise agreed by Yougoz in a separate written agreement with you.
YOU ACKNOWLEDGE THAT YOUGOZ IS NOT IN THE BUSINESS OF PROVIDING PROFESSIONAL SERVICES (i.e. salon, spa, fitness, etc.). YOUGOZ DOES NOT DIRECTLY PROVIDE PROFESSIONAL SERVICES OR FUNCTION AS A PROFESSIONAL OF THOSE SERVICES.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Yougoz; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
In order to use the Services, users must register an active personal Services account (“Account“). Users must be at least 18 years of age to use the services or account. Upon registering for an account, Yougoz requires you to enter certain personal information, such as your full name, mobile phone number, address, age, and at least one valid payment method (either a credit card or accepted payment partner). User must maintain an accurate, complete, and up-to-date Account profile. If you fail to do so, your use of the services or system will be terminated. Users are responsible for any activity under users Account including security of user name and login information. Users may only maintain or have one user account or profile unless using the system in both a user and professionals’ capacity.
Users may not transfer or grant access to your Account to any other person or entity. You agree that at no time will you use Services to cause nuisance, annoyance, inconvenience, or property damage. Users must agree to comply with all applicable federal and state laws when using Services.
User understands that Services may and will directly result in charges to you for the services or goods you receive from a Third Party Professional (“Charges“). After you have received services or goods obtained through your use of the Service, Yougoz will facilitate your payment of the applicable Charges on behalf of the Professional through a Third Party payment system. Charges may inclusive of applicable taxes where required by law and/or tip. Charges paid are final and non-refundable, unless otherwise determined by Yougoz. All Charges are due immediately and payment will be facilitated by Yougoz using the preferred payment method designated in your Account, after which Yougoz will send you a receipt by email. If/when your primary Account payment method is expired, invalid or otherwise not able to be charged, you agree that Yougoz may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and Yougoz, Yougoz reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Yougoz’s sole discretion. Yougoz may provide promotional offers and/or discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee.
This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. After have received services through the Service, users will have an opportunity review or rate experiences about your Third Party Provider or Professional.
Yougoz may throughout the Services request text, audio, or visual information (“Content”), for purposes of promotion, business usage or marketing. Content provided by user remains your property. Also, by providing User Content to Yougoz, you grant Yougoz a worldwide, transferrable, irrevocable, royalty-free license, with the right to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Yougoz’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you are either the exclusive or sole owner of all said Content or have and hold all rights, consent and/or licenses necessary to grant Yougoz the User Content as set forth above. User agrees that (ii) the Content permitted herein will infringe, violate a third party’s intellectual property or rights, or that of publicity or privacy or result in violation of any laws or regulations.
User agrees to provide Content that is in now way: obscene, pornographic, hateful, defamatory, libelous, unlawful, or otherwise offensive, as determined by Yougoz in its sole discretion, whether or not such material may be protected by law. Yougoz may remove, review, monitor, Content at any time or at its sole discretion for any reason, without notice.
SERVICES AVAILABLE THROUGH THIRD PARTY
OWNERSHIP OF SERVICES
Services and all rights therein; are and shall remain property of Yougoz. Terms nor use of Services herein grant or imply or convey any rights to you. Use or reference in any manner to Yougoz logos, company, name, products, services, trademarks is strictly prohibited.
LIMITATION OF LIABILITY
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YOUGOZ DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, YOUGOZ MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOUGOZ DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
YOUGOZ SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF YOUGOZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUGOZ SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF YOUGOZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUGOZ SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND YOUGOZ’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY SERVICE PROVIDERS MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL YOUGOZ’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500).
YOUGOZ’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE PROFESSIONAL GOODS, OR SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT YOUGOZ HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY GOODS OR LOGISTICS OR SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
You agree to indemnify and hold Yougoz and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Yougoz’s use of your Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes“) will be settled by binding arbitration between you and Yougoz, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Yougoz are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Yougoz otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
ARBITRATION RULES AND GOVERNING LAW
The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules“) then in effect, except as modified by this “Dispute Resolution” section. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Your responsibility to pay any arbitration filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms of Service, please contact us at firstname.lastname@example.org. We will address any issue to the best of our abilities.