Careful reading of these Terms of Service (“Terms”) is important for you as they include information regarding your rights, remedies and obligations. Please be reminded that by accessing or using the Yupe Platform (as defined below), a subdomain of any such websites, any mobile application for such websites or any other website operated by us on which these Terms are posted via a link or otherwise (each referred to herein as a “Site”), you acknowledge, agree and commit that you are subject to the following Terms, as well as our other guidelines, terms, policies provided under the Yupe Platform, which also governs your use of the Site, and is incorporated by reference you agree to comply with and be bound by these Terms.
Please also note that Section 17 of these Terms contains an arbitration clause, jury trial waiver and class action waiver that applies to all Yupe Members. It affects how disputes which may arise between you and Yupe will be resolved. By accepting these Terms, you agree to be bound by this arbitration clause, jury trial waiver and class action waiver. For this reason, we suggest you read it carefully as well.
In addition, please also note that these Terms include important information concerning limitations of liability.
These Terms constitute a legally binding agreement ("Agreement") between you and Yupe (as defined below) governing your access to and use of the Yupe website, including any subdomains thereof, and any other websites through which Yupe makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Yupe Services"). The Site, Application and Yupe Services together are hereinafter collectively referred to as the “Yupe Platform”. The platform that allows travelers to purchase products and/or services from the Host is referred to as the “Yupe Market”. The loyalty program through which Yupe users earn points referred to as “Yupee” (Yupe’s currency that is fixed to Euro) by traveling and/or referral is referred to as “Yupemate”.
When these Terms mention “Yupe,” “we,” “us,” or “our,” it refers to the Yupe company you are contracting with.
Hosts alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Host Services (as defined below), in addition to Host Terms. For instance, some cities have laws that restrict their ability to host paying guests for short periods or provide certain Host Services. In many cities, Hosts may have to register, obtain a permit or obtain a license before providing certain Host Services (such as preparing food, serving alcohol for sale, guiding tours or operating a vehicle). Host are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Host Services they offer. Certain types of Host Services may be prohibited altogether. Penalties may include fines or other enforcement. Please be reminded that you should always seek legal guidance if you have questions about how local laws apply to your Listing(s) and Host Service(s) on Yupe.
Guests alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to themselves, including but not limited to Guest Terms. Please be reminded that you should always seek legal guidance if you have questions about how local laws apply to your Listing(s) and Host Service(s) on Yupe.
1. Yupe Services
1.1. The Yupe Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Hosts” and the services they offer are “Host Services”) to publish such Host Services to offer for rent in a variety of pricing formats, a specific vacation or short term rental property to potential renters or renters on the Yupe Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Host Services (Members using Host Services are “Guests”). Host Services may include the offering of vacation or other properties for use ("Accommodations"). We urge all users to be responsible about their use of the Yupe Platform and any transaction entered into as a result of either listing a property or renting a property.
1.2. As the provider of the Yupe Platform, Yupe does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services, nor is Yupe an organiser or retailer of travel packages under Directive (EU) 2015/2302.
1.3. We do not own or manage, nor can we contract for, any vacation rental property listed on Yupe Platform. Hosts alone are responsible for their Listings and Host Services.
1.4. We are not a party to any rental or other agreement between users. This is true even if the Yupe Platform allows you to book a rental or provides other ancillary products or services, as the Yupe Platform may facilitate booking a rental or other tools, services or products, but we are not a party to any rental or other agreement between users. As a result, any part of an actual or potential transaction between a traveler and a member, including the quality, condition, safety or legality of the properties advertised, the truth or accuracy of the Listings (including the content thereof or any review relating to any traveler or property), the ability of members to rent a vacation property or the ability of travelers to contract for properties are solely the responsibility of Members. You acknowledge and agree that you may be required to enter into one or more separate agreements, waivers or terms and conditions before making a booking or purchasing a product or service and Yupe or one of its affiliates may place additional restrictions on your booking, product or service. Therefore, when Members make or accept a booking, they are entering into a contract directly with each other. Yupe is not and does not become a party to or other participant in any contractual relationship between Members, nor is Yupe a real estate broker or insurer. Yupe is not acting as an agent in any capacity for any Member, except as may be specified in provisions in relation to payment.
1.5. If you choose to use the Yupe Platform as a Host, your relationship with Yupe is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Yupe for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Yupe. Yupe 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 Host Services. You acknowledge and agree that you have complete discretion whether to list Host Services or otherwise engage in other business or employment activities.
1.6. The Yupe 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. Yupe 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. Links to such Third-Party Services are not an endorsement by Yupe of such Third-Party Services.
1.7. To promote the Yupe Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements.
1.8. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Yupe cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Yupe Platform may contain translations powered by other legal entities such as Google or Yandex. If that is the case, please be aware that Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Same may be valid for other legal entities such as Yandex who offer such translation services and surfaced under the Yupe Platform.
1.9. Members agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Yupe Platform, their use of any tool, service or product offered on the Yupe Platform and any transaction they enter into on the Yupe Platform or in connection with their use of the Yupe Platform. Members further agree that they are responsible for and agree to abide by all laws, rules, ordinances, or regulations applicable to the listing of their rental property and the conduct of their rental business, including but not limited to any and all laws, rules, ordinances, regulations or other requirements relating to taxes, credit cards, data and privacy, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable.
1.10. Due to the nature of the Internet, Yupe cannot guarantee the continuous and uninterrupted availability and accessibility of the Yupe Platform. Yupe may restrict the availability of the Yupe Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Yupe Platform.
1.11. Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal or regulatory compliance pertaining to rental properties listed on the Yupe Platform, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your listing in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with such obligations in our sole discretion.
1.12. While we may help facilitate the resolution of disputes, Yupe has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Yupe does not endorse any Member, Listing or Host Services. You should always exercise due diligence and care when deciding whether to use a Host Service, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person.
1.13. Members who accept credit card, banking or other payment information from each other agree to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements and best practices.
1.14. While we do take certain measures with a goal to assist users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions.
2. Use of the Yupe Platform
2.1. In order to access and use the Yupe Platform or register a Yupe Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.
2.2. Yupe may make access to and use of the Yupe Platform, or certain areas or features of the Yupe Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
2.3. The access to or use of certain areas and features of the Yupe Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the Yupe Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Yupe Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
2.4. User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.5. By registration, users are granted a limited, revocable non-exclusive license to access the Yupe Platform and the content and services provided on the Yupe Platform solely for the purpose of advertising a property, searching for a property, purchasing or researching (for the purpose of inquiring about purchasing) any of the products or services offered on any Yupe Platform, participating in an interactive area hosted on the Yupe Platform or for any other purpose clearly stated on the Yupe Platform, all in accordance with the Terms. Any use of the Yupe Platform that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorized by us in writing is expressly prohibited.
3. Unauthorized Uses
3.1. The license to use the Yupe Platform only extends to the uses expressly described herein. The license to use the Yupe Platform granted to users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or any derivative use of the Yupe Platform nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the Yupe Platform, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engines” do not include a website or search engine or other service that provides classified listings or property rental advertisements, or any subset of the same or which is in the business of providing vacation property rental services or other services that compete with us.
3.2. Unauthorized uses of the Yupe Platform also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously and specifically agreed to by us:
Use or access the Yupe Platform in any way that, in our sole discretion, adversely affects, or could adversely affect, the performance or function of the Yupe Platform or any other system used by us or the Yupe Platform;
Use the Yupe Platform and its inquiry or booking functionality other than to advertise and/or research vacation rentals, to make legitimate inquiries to our Members or any other use expressly authorized on the Yupe Platform;
Reproduce any portion of the Yupe Platform on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Yupe Platform, or other framing technique to enclose any portion or aspect of the Yupe Platform, or mirror or replicate any portion of the Site;
Deep-link to any portion of the Yupe Platform without our express written permission;
Modify, translate into any language or computer language or create derivative works from, any content or any part of the Yupe Platform;
Reverse engineer any part of the Yupe Platform;
Sell, offer for sale, transfer or license any portion of the Yupe Platform in any form to any third parties;
Use the Yupe Platform to post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;
Violate, plagiarize or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material.
If you notice, or experience, any content, activity or communication through or in connection with the Yupe Platform that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us by contacting us from e-mail and/or telephone addresses provided under Yupe Platform.
4. Amendment of these Terms
4.1. Yupe reserves the right to amend these Terms at any time in accordance with this provision.
4.2. If these Terms are changed, then we will provide you with notice of the any of these changes by email at least fifteen (15) days before the date they become effective. If you disagree with these changes, you may terminate this Agreement with immediate effect. In the notification email, we will inform you about your right to terminate the Agreement. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Yupe Platform will constitute acceptance of the changed Terms.
5. Account Registration
5.1. To access and use particular features of the Yupe Platform, such as publishing or booking a Listing, you must register by creating an account ("Yupe Account"). In case you register such Yupe Account for a legal entity such as a business or organization, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
5.2. It is prohibited to register more than one (1) Yupe Account. Nevertheless, Yupe may explicitly authorize you to do so. However, in any case you may not assign or otherwise transfer your Yupe Account to another party.
5.3. You can register a Yupe Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google.
5.4. Information provided by you during the registration process must be accurate, current and complete. You are also obliged to keep your Yupe Account and public Yupe Account profile page information updated at all times.
5.5. You are responsible for maintaining the confidentiality and security of your Yupe Account credentials and may not disclose your credentials to any third party. 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 unauthorized use of your Yupe Account, you must immediately inform Yupe of such case. You are liable for any and all activities conducted through your Yupe Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
5.6. Due to the difficulty of user verification on the Internet, we cannot, and do not assume any responsibility for, the confirmation of each user's purported identity. We encourage you to communicate directly with a Host or Guest through the tools available on the Yupe Platform, though even this does not assure you of the identity of the person with which you are communicating. We further encourage you to take other reasonable measures to assure yourself of the other person’s identity and, for travelers, of the property and relevant details of your booking or proposed booking.
5.7. Each Member acknowledges and agrees that: (1) Neither Yupe nor any of its affiliates will have any liability to any user for any unauthorized transaction made using any Member’s ID or password; and (2) the unauthorized use of your online ID and password for your Yupe account or your email account could cause you to incur liability to both Yupe and other Members.
5.8. Further, we may, without notice to you, suspend or cancel your Listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.
5.9. We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us and/or your email account, even those transactions that are fraudulent or that you did not intend or want performed.
5.10. You agree to (i) keep your password and online ID for both your account with us and your email account secure and strictly confidential, (ii) instruct each person to whom you give your online ID and password that he or she is not to share it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. Further, if we suspect any unauthorized access to your account, upon our request, you agree to promptly change your ID and password and take any other related action as we may reasonably request.
6.1. Yupe may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, including but not limited to text, photos, audio, video on or through the Yupe Platform ("Member Content"); and (ii) view and access Member Content and any content that Yupe itself makes available on or through the Yupe Platform, including proprietary Yupe content and any content licensed or authorized for use by or through Yupe from a third party ("Yupe Content" and together with Member Content, " Collective Content ").
6.2. The Yupe Platform, Yupe Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the European Union and other countries. You acknowledge and agree that the Yupe Platform and Yupe Content, including all associated intellectual property rights, are the exclusive property of Yupe and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Yupe Platform, Yupe Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Yupe used on or in connection with the Yupe Platform and Yupe Content are trademarks or registered trademarks of Yupe in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Yupe Platform, Yupe Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners. [KLO1]
6.3. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Yupe Platform or Collective Content, except to the extent you are the legal owner of certain Member 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 Yupe or its licensors, except for the licenses and rights expressly granted in these Terms.
6.4. Subject to your compliance with these Terms, Yupe grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Yupe Platform and accessible to you, solely for your personal and non-commercial use.
6.5. You are solely responsible for all Member Content that you make available on or through the Yupe Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Yupe Platform or you have all rights, licenses, consents and releases that are necessary to grant to Yupe the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Yupe's use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
6.7. Unless you provide specific consent, Yupe does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
6.8. You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Yupe policies. Yupe may, without prior notice, remove or disable access to any Member Content that Yupe finds to be in violation of applicable law, these Terms or Yupe’s then-current policies, guidelines, terms or otherwise may be harmful or objectionable to Yupe, its Members, third parties, or property.
6.9. Yupe respects copyright law and expects its Members to do the same. If you believe that any content on the Yupe Platform infringes copyrights you own, you are encouraged to notify us of the same.
7. Yupe Fees
7.1. Yupe may charge fees to Hosts ("Host Fees") and/or Guests ("Processing Fees") (collectively, " Yupe Fees ") in consideration for the use of the Yupe Platform.
7.2. You are responsible for paying any Yupe Fees that you owe to Yupe. The applicable Yupe Fees (including any applicable Taxes) are collected by Yupe. Yupe will deduct any Host Fees from the Listing Fee before remitting the payout to the Host. Any Processing Fees are included in the Total Fees collected by Yupe. Except as otherwise provided, Yupe Fees are non-refundable.
7.3. Yupe reserves the right to change the Yupe Fees at any time. In such case, Yupe will inform Members of such changes. Fee changes will not affect any bookings made prior to the date which fee change came into force.
8. Reviews and Ratings
8.1. Guests and Hosts can leave a public review (“Review”) and submit a like/dislike rating (“Rating”) displayed by the graphics chosen by Yupe about each other reflecting the opinions of themselves solely and not Yupe’s in any case. Members are prohibited from manipulating the Ratings and Reviews.
8.2. Ratings and Reviews are part of a Member’s public profile. Such Ratings and Reviews thus may be exhibited elsewhere on the Yupe Platform (for instance the Listing page) together with other relevant information which Yupe seems relevant in its sole discretion.
8.3. Though Ratings and Reviews are not verified by Yupe for accuracy, they must be accurate and may not contain any offensive or defamatory language.
9. Social Media or Third-Party Websites.
If the Yupe Platform offers a tool or service
that allows us to access or use any information regarding you that you have
provided to a third-party website (each a “Social Media Site”) and you decide
to use such tool or service, you acknowledge and agree that:
• The information or content that is a part of your Social Media Site profile, which you have designated as “public” (or a similar designation) (with such information or content and referred to herein as “Social Media Content”), may be accessed and used by us in connection with the Site;
• In the event that the Social Media Content was for any reason misclassified with a public or similar designation or is otherwise inaccurate or to which you do not agree with for any reason, you agree to work with the Social Media Site to make any changes or resolve any disputes and acknowledge that we will not be able to provide you with recourse;
• The Social Media Content will be considered user-generated content under these Terms and both you and we shall have the same rights and responsibilities as you that we have with respect to user-generated content under these Terms.
10.1. Guests may either pay online with one of the payment type offered by Yupe or on arrival with one of the payment type offered by the host. Available payment methods and types will be clearly stated on the Listing and Checkout page.
10.2. In the event a Member attempts to conduct a transaction that would involve an unauthorized or a fraudulent payment method, though we aspire to assist users in avoiding such transactions, we assume no liability or responsibility to do so or to inform users of any such actual or suspected activity.
10.3. In the event of an incompliance with this term or use of any other unacceptable payment methods, Yupe reserves its right to immediately remove the non-conforming Listing without notice to the Member and without refund.
10.4. Members’ bank or credit card companies may impose certain fees or charges, including, but not limited to, foreign transaction fees, related to any rental of a property. It is the related Member’s obligation to review any agreement with its bank or credit card company concerning any such fees.
10.5. According to the Yupe’s Payment & Cancellation Policy, incompliance with given cancellation windows may result in part of the payment not refunded to the Member.
10.6. Yupe’s Payment & Cancellation Policy applies to all payments made within Yupe and incorporated herein by reference. Yupe hereby encourages all Members to read Yupe’s Payment & Cancellation Policy carefully prior to entering into any transaction.
10.7. Yupe has a loyalty program, named Yupemate. Yupe users may earn points named Yupee, by traveling, referral or other ways which Yupe will determine. 1 Yupee is equivalent of 1 Euro. The conversion rate of Yupee to Euro will be determined by the daily rate of European Central Bank (ECB) .Terms of such services shall be specified and announced by Yupe. Yupe reserves its right to cancel such loyalty program and/or revise it at its sole discretion.
11.1. We welcome you to provide feedback, comments and suggestions for improvements to the Yupe Platform (“Feedback“). 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.
12. Prohibited Activities
12.1. You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Yupe Platform. In connection with your use of the Yupe Platform, you will not and will not assist or enable others to:
· breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our terms, policies, guidelines or other provisions;
· use theYupe Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Yupe endorsement, partnership or otherwise misleads others as to your affiliation with Yupe;
· copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the Yupe Platform in any way that is inconsistent with Yupe ’s applicable privacy policies, guidelines, terms, these Terms, Host Terms, Guest Terms or other provisions or that otherwise violates the privacy rights of Members or third parties;
· use theYupe Platform in connection with the distribution of unsolicited commercial messages ("spam");
· offer, as a Host, any Accommodation that you do not yourself own or have permission to make available as a residential or other property through the YupePlatform;
· unlessYupe explicitly permits otherwise, book any Listing if you will not actually be using the Host Services yourself;
· use theYupe Platform to request, make or accept a booking independent of the Yupe Platform, to circumvent any Service Fees or for any other reason;
· request, accept or make any payment for Listing Fees outside of the YupePlatform orYupe Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Yupeharmless from any liability for such payment;
· discriminate against or harass anyone or otherwise engage in any violent, harmful, abusive or disruptive behavior;
· misuse or abuse any Listings or services associated with the Yupe;
· use, display, mirror or frame theYupe Platform or Collective Content, or any individual element within the YupePlatform,Yupe's name, anyYupe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the YupePlatform, withoutYupe's express written consent;
· dilute, tarnish or otherwise harm theYupe brand in any way, including through unauthorized use of Collective Content, registering and/or using Yupe or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Yupe domains, trademarks, taglines, promotional campaigns or Collective Content;
· use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Yupe Platform for any purpose;
· avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Yupe or any of Yupe's providers or any other third party to protect the Yupe Platform;
· attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Yupe Platform;
· take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Yupe Platform;
· export, re-export, import, or transfer the Application
12.2. You acknowledge that Yupe has no obligation to monitor the access to or use of the Yupe Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Yupe Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Yupe in good faith, and to provide Yupe with such information and take such actions as may be reasonably requested by Yupe with respect to any investigation undertaken by Yupe or a representative of Yupe regarding the use or abuse of the Yupe Platform.
12.3. If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, you should immediately report such person to the appropriate authorities and then to Yupe by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
13. Term and Termination, Suspension and other Remedies
13.1. This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Yupe terminate the Agreement in accordance with this provision.
13.2. You may terminate this Agreement at any time by sending us an email. If you cancel your Yupe Account as a Host, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your Yupe Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
13.3. Without limiting our rights specified below, Yupe may terminate this Agreement for convenience at any time by giving you fourteen (14) days' notice via email to your registered email address.
13.4. Yupe may immediately, without notice, terminate this Agreement and/or stop providing access to the Yupe Platform if (i) you have materially breached your obligations under these Terms, Host Terms, Guest Terms, other terms, policies, guidelines or other Yupe provisions, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Yupe believes in good faith that such action is reasonably necessary to protect the personal safety or property of Yupe, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
13.5. In addition, Yupe may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, Host Terms, Guest Terms, other terms, policies, guidelines or other Yupe provisions, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Yupe Account registration, Listing process or thereafter, (iv) you and/or your Listings or Host Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Yupe otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) Yupe believes in good faith that such action is reasonably necessary to protect the personal safety or property of Yupe, its Members, or third parties, or to prevent fraud or other illegal activity:
· refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
· cancel any pending or confirmed bookings;
· limit your access to or use of the Yupe Platform;
· temporarily or permanently revoke any special status associated with your Yupe Account;
· temporarily or in case of severe or repeated offenses permanently suspend your Yupe Account and stop providing access to the Yupe Platform.
13.6. If we take any of the measures described above (i) we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
13.7. When this Agreement has been terminated, you are not entitled to a restoration of your Yupe Account or any of your Member Content. If your access to or use of the Yupe Platform has been limited or your Yupe Account has been suspended or this Agreement has been terminated by us, you may not register a new Yupe Account or access and use the Yupe Platform through an Yupe Account of another Member.
14.1. If you choose to use the Yupe Platform or Collective Content, you do so voluntarily and at your sole risk. The Yupe Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
14.2. You agree that you have had whatever opportunity you deem necessary to investigate the Yupe Services, laws, rules, or regulations that may be applicable to your Listings and/or Host Services you are receiving and that you are not relying upon any statement of law or fact made by Yupe relating to a Listing.
14.3. If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
14.4. You agree that some Host Services or Payment Services may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services. You assume full responsibility for the choices you make before, during and after your participation in a Host Service or the Payment Services. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Host Service and to the maximum extent permitted by law, you agree to release and hold harmless Yupe from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Host Service or in any way related to your Host Service.
14.5. The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
15.1. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Yupe Platform and Collective Content, your publishing or booking of any Listing via the Yupe Platform, your stay at any Accommodation, participation in any Host Service, participation in the Payment Services, or any other interaction you have with other Members whether in person or online remains with you. Neither Yupe nor any other party involved in creating, producing, or delivering the Yupe Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Yupe Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Yupe Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Yupe has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Hosts pursuant to these Terms, Host Terms, Guest Terms, other terms, policies, guidelines or other Yupe provisions, if any, in no event will Yupe’s aggregate liability arising out of or in connection with these Terms and your use of the Yupe Platform including, but not limited to, from your publishing or booking of any Listings via the Yupe Platform, or from the use of or inability to use the Yupe Platform or Collective Content and in connection with any Host Service, Payment Services, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the Yupe Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by Yupe to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Yupe and you.
16.1. To the maximum extent permitted by applicable law, you agree to release, defend (at Yupe’s option), indemnify, and hold Yupe and its affiliates and subsidiaries, including but not limited to, Yupe Payments, 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, Host Terms, Guest Terms, other terms, policies, guidelines or other Yupe provisions, (ii) your improper use of the Yupe Platform or any other service provided by Yupe, (iii) your interaction with any Member, stay at an Accommodation, participation in a Host Service, participation in the Payment Services, 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, (iv) Yupe’s Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.
17.1. Yupe aspires to resolve disputes in a consumer-friendly manner. In that purpose, the disputes shall first tried to be resolved through an informal negotiation directly with Yupe’s customer service team.
17.2. Should such negotiations fail, then any dispute arising out of or in connection with this Agreement and terms and any other rules and/or policies incorporated into this Agreement by reference as its annexes,including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause.
The number of arbitrators shall be [one].
The seat, or legal place, of arbitration shall be [London].
The language to be used in the arbitral proceedings shall be [English].
The governing law of the contract shall be the substantive law of [Malta].
17.3. Jury Trial Waiver . You and Yupe acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
17.4. No Class Actions or Representative Proceedings . You and Yupe acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all Disputes. Further, unless you and Yupe both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section 17.5 is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section 17.5 is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and Yupe agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.
17.5. Severability . Except as provided in Section 17.5, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
17.6. Survival . This Section 17 will survive any termination of these Terms and will continue to apply even if you stop using the Yupe Platform or terminate your Yupe Account.
18. Applicable Law
19. General Provisions
19.1. No joint venture, partnership, employment, or agency relationship exists between you and Yupe as a result of this Agreement or your use of the Yupe Platform.
19.2. Except as they may be supplemented by additional terms and conditions, Host Terms, Guest Terms, policies, guidelines or standards, or other Yupe provisions, these Terms constitute the entire Agreement between Yupe and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Yupe and you in relation to the access to and use of the Yupe Platform.
19.3. Yupe Platform may contain links and pointers to other Internet sites, resources and sponsors of the Yupe. Links to and from the Yupe Platform to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We may also provide tools to allow interaction between the Yupe Platform and a third-party site, such as a Social Media Site. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.
19.4. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
19.5. We reserve the right to refuse hypertext links to, or addresses of, other web sites from members' pages, and to remove links or web addresses without notice at our sole discretion. Further, we reserve the right to charge for hypertext links at any time.
19.6. Yupe’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
19.7. You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Yupe's prior written consent. Yupe may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
19.8. Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Yupe via email, Yupe Platform notification, or messaging service (including SMS and Chat).
19.9. You may feel free to email us in case you have any questions about these Terms.