Welcome to Young Loved and our iOS and Android Mobile applications (our “Platform”). These Terms and Conditions (the “Terms”) constitute a legal agreement between you and Young Loved Ltd of 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ (“Young Loved”, “we”, “us” or “our”) governing the use of our Platform and our Services. We license use of our Platform to you on the basis of these Terms. We do not sell our Platform to you, and we remain the owner of our Platform at all times.
- The provisions set out in these Terms govern your access to and your use of our Platform and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our Platform.
- Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive, and non-transferable license to use our Platform on these Terms.
- We reserve the right to, without any notice, explanation, or liability and in our sole discretion, refuse to allow you or suspend your access to our Platform or your Account at any time, or remove or edit content (including content submitted by you) on our Platform or on any of our affiliated websites (including social media pages).
- We reserve the right to change, modify, suspend, or discontinue any portion of the Services, our Platform or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
- Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our Platform or any of our affiliated websites to advertise, promote or market any products or services of any third party or yourself.
- The following additional terms also apply to your use of our Platform and form part of these Terms:
- Our Privacy Policy
- Our Cookie Policy
- APPLE AND GOOGLE DEVICES LICENSE AGREEMENT
- The following terms apply when you use our APP obtained from either the Apple’s, or Google’s store (each an “App Distributor”) to access our APP:
- the License granted to you for our APP is limited to a non-transferable License to use our APP on a device that utilises the Apple iOS or Google operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
- we are responsible for providing any maintenance and support services with respect to the APP as specified in the terms and conditions of this License or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the APP.
- you must comply with applicable third-party terms of agreement when using the APP,
- you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this License, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this License against you as a third-party beneficiary thereof.
- By registering for an Account (Buyers and Sellers and collectively “Users”), which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our Platform, you agree and acknowledge that:
- you have read the terms set out in these Terms and agree to be bound by and comply with them; and
- you shall ensure that all Users of your Account abide by these Terms.
- You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account.
- You agree that all actions carried out by any person through your Account shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorised to do so.
- You may not open more than one Young Loved account at any time.
- We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account.
- In addition to providing the technical and organisational infrastructure to ensure the proper conduct of transactions on the platform, Young Loved also sells product on behalf of the company, individuals and partners.
- Young Loved does not itself become a contracting party to the contracts concluded exclusively between the Users.
- Users themselves are responsible for compliance with legal requirements and the assertion of claims arising from the contracts they have concluded. In particular, Young Loved does not guarantee:
- the accuracy and completeness of the statements and declarations made in relation to the Goods and Services offered,
- the Goods and Services offered as such; and
- the conduct and performance of the relevant Buyer/Seller, respectively.
- Users are required to comply with applicable laws when using the Platform and Service.
- It is each Sellers own responsibility to ensure that their offers are lawful and do not infringe the rights of third parties.
- The content published on Young Loved by the respective Users is generally not reviewed by Young Loved and does not represent the opinion of Young Loved.
- Young Loved is entitled to check the personal details of the Sellers by means of suitable official documents in order to confirm the correctness of the data entered.
- Young Loved can only perform a limited review of the Documentation and Qualifications provided by Sellers. Therefore, no guarantee can be given for the accuracy of the Services provided by the respective Sellers.
- Young Loved is not a mediator or arbitrator but offers limited dispute resolution services if Goods and Services are not as described or Seller is not responding whether trough electronic means or customer support. Any such decision made shall be binding on both parties.
- 4.10.Subject to the forgoing, the service for Buyers is limited to giving them the opportunity to get to know Sellers and the service for Sellers, is limited to giving them the opportunity to create a profile, through which other Users are encouraged to contact them, at their own initiative. Young Loved does not guarantee that Users will find suitable Sellers or that Sellers will find suitable Users.
- Young Loved assumes no liability for the content that Sellers provide, nor the ability to fulfil the requirements for a by the Sellers advertised service or also any information provided by the Sellers.
- 4.12.Young Loved has no influence on the offers made by Sellers.
- 4.13.Young Loved reserves the right to delete the Sellers’ profile in the case of false information and gross violations of these Terms without prior notification or naming of reasons. In the case of gross deception, falsification of documents or other wilful misrepresentation, Young Loved will take appropriate action, including legal action.
- 4.14.The prices stated for the respective services by Sellers shall apply at the time the order is placed.
- 4.15.The prices shown on the Platform are final and include the statutory value added tax, insofar as this is applicable to the respective service.
- 4.16.The applicable prices are shown in the respective service description. The Buyer undertakes to pay this price. Payment is due upon ordering the service or product.
- 4.17.Prices and methods of payments are published on the Platform, the content of which is included in these Terms by reference.
- 4.18.Payment is considered to be completed when the money is credited to Young Loved’ account or a third-party, collecting fees on behalf of Sellers.
- 4.19.The Buyer is solely responsible for ensuring that the payment made is correct and abiding by any taxes applicable in their own country of residence.
- 4.20.The Buyer is solely responsible for paying for third-party services (such as services communications, Internet, etc.) required to receive services.
- 4.21.Payments services of Young Loved are processed by a payment service provider acting on the basis of an agreement with Young Loved. All rights and obligations arising in relation to the payment process are directly between the payment service provider and the Buyer.
- 4.22.Young Loved does not process or have access to any of the Buyer’s personal payment or bank details provided in connection with the settlement of payments.
- 4.23.Young Loved does not store the details of bank cards on their resources, including servers, cloud storage, etc.
- 4.24.In the event of default in payment, Young Loved may suspend the continuation of all current orders, irrespective of the exercise of other rights.
- All charges for the paid services (“Charges”) are posted on the platform. You agree to pay for paid services according to these Terms. Charges paid by you are non-refundable.
- Any Fees due must be paid by their due date for payment, as notified to you through our platform or otherwise.
- We will subtract a service fee of 15% for the relevant transaction, as shown at the time through the Platform.
- You shall be responsible for any applicable taxes (including any goods and services tax) under these Terms.
- All payments shall be made by using the payment methods specified by you at the time of booking. You acknowledge and agree that you are subject to the applicable user agreement of any third-party payment methods. We shall not be liable for any failure, disruption, or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
- We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever.
- UPLOADING CONTENT TO OUR PLATFORM
- You irrevocably and unconditionally represent and warrant that any of your content uploaded to our Platform complies with our Privacy Policy, UK`s DPA, the EU`s GDPR and any other applicable laws.
- You are fully responsible for your content uploaded to our Platform. We will not be responsible, or liable to any third party, for:
- the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our Platform; or
- the loss of any content or data provided to us by you. You should keep a record of all such content and data (including for the avoidance of doubt any insurance policies).
- We will only use the content uploaded by you for the purposes of carrying out the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
- We may use the content uploaded by you for the purpose of data analytics or to implement artificial intelligence or machine learning. Any such content shall be anonymised and used only for the purposes of improving the Services and our response to users of the Platform.
- We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our Platform constitutes a violation of their rights under applicable law.
- We will collect and process information relating to the platform in accordance with our privacy policy and our auxiliary policies and under consideration of the DPA and GDPR.
- Information relating to the platform includes name, age, sex (optional), email, home address, shipping address, telephone number (optional), a short bio (optional), password, answers to a questionnaire, orders and reviews. We collect and transfer this information by HTTPS to our partner Sharetribe. Sharetribe is a marketplace software we have used to build the Young Loved platform.
- Additionally, we store any messages and conversations with other users on the Young Loved App, profile pictures and name on Young Loved servers.
- Our financial services partner, Stripe, securely stores bank account details and transactions.
- Geolocation is used to find listings published within relatively close proximity. Your location is not saved anywhere but is communicated with Sharetribe in order to serve you products within a certain distance.
- We will entrust only such employees and advisers with the data processing who have been bound to confidentiality and have previously been familiarised with the data protection provisions relevant to their work.
- We and any person acting under our authority who has access to personal data may only process that data in accordance with your instructions unless otherwise required to do so by law and to provide our platform.
- We agree to the implementation and observance of all technical and organisational measures necessary for this Agreement in accordance with the DPA and GDPR.
- We will regularly monitor our internal processes as well as the Technical and organisational measures to ensure that the processing is executed in accordance with the requirements of the DPA and GDPR and that the rights of platform or Users are protected.
- INTELLECTUAL PROPERTY RIGHTS
- You acknowledge that all intellectual property rights in our Platform anywhere in the world belong to us, that rights in our Platform are licensed (not sold) to you, and that you have no rights in, or to, our Platform other than the right to use them in accordance with these Terms.
- Any intellectual property rights in content uploaded by you to our Platform shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive license to use, reproduce, publish, and display such intellectual property rights for the purposes of performing the Services, promotional purposes, internal administrative purposes and any other purposes set out in these Terms, including for the purpose of improving the Services and our responses to users of the Platform.
- You acknowledge that you have no right to have access to our Platform in source code form.
- Our status (and that of any identified contributors) as the authors of content on our Platform must always be acknowledged.
- TECHNICAL REQUIREMENTS AND RESPONSIBILITY
- Users are responsible for ensuring that the technical requirements for access to and use of the respective services are met.
- This applies in particular to the hardware and operating system software used, the connection to the Internet, the firewall settings (if any) and the current browser software. The User shall carry out necessary and reasonable adjustment measures himself/herself and shall bear the costs for the Internet connection in order to be able to access the services.
- We do not guarantee that the services offered can actually be used with the User's device.
- 10.1.You may use our Platform only for lawful purposes.
- 10.2.You may not use our Platform:
- 10.2.1.in any way that breaches any applicable local or international laws or regulations;
- 10.2.2.in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- 10.2.3.to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing Terms of Service as amended from time to time; and
- 10.2.4.to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar device code designed to adversely affect the operation of any device software or hardware.
- 10.3.We will determine, in our discretion, whether there has been a breach of our Acceptable Use Policy through your use of our Platform.
- 10.4.When a breach of this policy has occurred, we may take such action as we deem appropriate.
- 10.5.Failure to comply with our Acceptable Use Policy constitutes a material breach of the Terms and Conditions upon which you are permitted to use our Platform, and may result in our taking all or any of the following actions:
- 10.5.1.immediate temporary or permanent cancellation of your right to use our Platform;
- 10.5.2.immediate temporary or permanent removal of any Contribution;
- 10.5.3.issuance of a warning to you;
- 10.5.4.legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to reasonable administrative and legal costs) resulting from the breach;
- 10.5.5.further legal action against you; and/or
- 10.5.6.disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
- 10.6.We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
- In addition to our content standards and acceptable use policy, buying or selling the following items is prohibited on Young Loved or elsewhere on or through the Platform:
- 11.1.1.Adult products (not to be confused with Maternity Products);
- 11.1.2.Alcohol;
- 11.1.3.Body parts and fluids;
- 11.1.4.Digital media and electronic devices;
- 11.1.5.Documents, currency, and financial instruments;
- 11.1.6.Hazardous goods and materials;
- 11.1.7.Human exploitation and sexual services;
- 11.1.8.Medical and healthcare products;
- 11.1.9.Smoking cessation products containing nicotine;
- 11.1.10.No item for sale Listings;
- 11.1.11.Prescription products, drugs and drug paraphernalia;
- 11.1.12.Recalled products;
- 11.1.13.Stolen goods;
- 11.1.14.Subscriptions and digital products;
- 11.1.15.Weapons, ammunition and explosives
- 11.1.16.Listings may not contain content that infringes upon or violates the intellectual property rights of any third party, including copyright or trademark and counterfeits
- 11.1.17.Tobacco products and related paraphernalia;
- 11.1.18.Used cosmetics;
- 11.1.19.Weapons, ammunition and explosives;
- Listings, and commerce Chat threads, must not:
- 11.2.1.wrongfully discriminate or suggest a preference for or against people because of a personal characteristic, included but not limited to, race, ethnicity, colour, national origin, citizenship, religion, age, sex, sexual orientation, gender identity, family status, marital status, disability, or medical or genetic condition. Listings must comply with all applicable laws prohibiting discrimination. This includes but is not limited to discrimination for housing listings.
- 11.2.2.include or otherwise promote the buying, selling or facilitation of online gambling for money or money's worth, including digital currencies. Online gambling includes gaming, betting, lotteries, raffles, casino, fantasy sports, bingo, poker and sweepstakes in an online environment.
- 11.2.3.Listings on commerce products may not include or otherwise promote job opportunities. This prohibition includes job opportunities that fully describe the associated product or business model, as well as job opportunities that are misleading, deceptive, fraudulent or have an unclear business model.
- 11.2.4.Buyers and Sellers are also responsible for complying with all applicable laws and regulations. Failure to comply may result in a variety of consequences, including, but not limited to, removal of listings and other content, rejection of product tags, or suspension or termination of access to any or all Young Loved commerce surfaces or features. If you repeatedly post content that violates our policies, we may take additional action on your account. We reserve the right to reject, approve or remove any listing for any reason at any time, at our sole discretion.
- 12.1.While we make all efforts to maintain the accuracy of the information on our Platform, we provide the Services, Platform, and all Related Content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.
- 12.2.To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our Platform or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our Platform, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.
- 13.1.We are not liable for the completeness, accuracy or correctness of any information uploaded on our Platform and any Related Content. You expressly agree that your use of the Services and our Platform, is at your sole risk.
- 13.2.You agree not to use the Services, our Platform and the Related Content for any re-sale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our Platform or any other website or software) for:
- 13.2.1.loss of profits, sales, business, or revenue;
- 13.2.2.business interruption;
- 13.2.3.loss of anticipated savings;
- 13.2.4.loss or corruption of data or information;
- 13.2.5.loss of business opportunity, goodwill or reputation; or
- 13.2.6.any other indirect or consequential loss or damage.
- 13.3.Nothing in these Terms shall limit or exclude our liability for:
- 13.3.1.death or personal injury resulting from our negligence;
- 13.3.2.fraud; and/or
- 13.3.3.any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
- 13.4.Our Platform is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.
- 13.5.These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our Platform. Except as expressly stated in these Terms, there are no conditions, warranties, representations, or other terms, express or implied, that are binding on us. Any condition, warranty, representation, or other term concerning the supply of the Services and our Platform which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
You agree to indemnify and hold us, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our Platform, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.
- 15.1.We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or obligations under these Terms.
- 15.2.You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
- 15.3.No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
- 15.4.These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in these Terms, or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
- 15.5.If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- 15.6.Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- 15.7.These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the law of England and Wales. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.