SCOPE OF AGREEMENT
- 2 OBJECT OF AGREEMENT, RIGHTS OF THIRD PARTIES
- 2.1 The Yalwa website is an internet platform where registered (and non-registered) users following this agreement may publish business listings fitting to the site. Users are solely held responsible for the ads they publish. Yalwa shall not be held liable for any consequences arising from the published listings of its users. Yalwa merely serves as the provider of the platform for the publication of online business listings.
- 2.2 Yalwa is not involved in any transaction/s and/or contract/s between and among users and third parties. The arrangement(s) and conclusion(s) of such transactions remain the business of the users and the third party. The fulfillment of initiated contracts entered upon by the user and the third party shall also remain between and among the aforementioned (excluding Yalwa).
- 3 CIRCLE OF USERS, REGISTRATION, PURPOSE OF ADVERTISEMENT(S)
- 3.1 The usage of Yalwa’s services is essentially available for everyone. A user registers on Yalwa by filling out the provided online registration form and guaranteeing that the information provided is correct and true. The user is obliged to inform Yalwa shall there be changes made to this information. The registration shall be completed through the activation of access which automatically binds the user to this agreement. There is no entitlement to this license agreement and any claims or deviations to this agreement will not be recognized.
- 3.2 The user may resign from this agreement with Yalwa GmbH at any time. Sending an email to the Customer Support Team through the contact form should suffice. Yalwa reserves the right to a grace period of 14 days before terminating the agreement. Blocking an account remains the right of Yalwa, as stated in clause 4.3.
- 3.3 An entry on Yalwa, referring to a business listing can only materialize/be published online through these circumstances:
- • Yalwa confirms the entry through an email, or
- • Yalwa implements the entry and publishes it online.
- 3.4 Yalwa GmbH reserves the right to refuse a user’s business listing under certain circumstances. This applies when the content of a business listing goes against this agreement, violates laws and local authority regulations, contravenes good intentions, morals and customs or when Yalwa is used for unsuitable purposes.
- 3.5 Yalwa reserves the right to delete the accounts of non-registered users as well as registered users whose account(s) has/have been inactive for the past 6 months.
- 4 ACCOUNTABILITY FOR ADVERTISING CONTENT AND TRUTHFULLY-SWORN STATEMENTS/INFORMATION
4.2 The user is not allowed to post content on the Yalwa website that breaches this agreement, applicable rights, third party rights or violates good morals, ways and customs (subsequent to “Prohibited Content”).
Prohibitions for the Yalwa user:
- • Violate the law
- • To conduct business in a dishonest and deceptive manner
- • To violate the rights of the third party
- • To spam, post chain letters, and to place ads for multi-level marketing and pyramid schemes
- • To implement/send virus(es) and other technical items that may cause damage to Yalwa GmbH or the interest of the users of Yalwa.
- • To cause excessive burden on the Yalwa infrastructure and the smooth running operations of the Yalwa website.
- • To copy or duplicate, modify or distribute the content of other listings
- • To collect information from other users such as email addresses from the site itself or from other users without the approval of the user.
- • To bypass measures that serve to limit and/or prevent access to Yalwa.
- 4.3 Yalwa has the right to block, delete or freeze listings that contain indications of prohibited content (refer to 4.2). Yalwa also has the right to warn the user and freeze their account for a certain period of time or permanently and to resign from the agreement/contract. In this process Yalwa gives due respect to the legitimate interest of the user. Users’ claims, e.g. for reimbursement for already paid items/services though, can not be honored due to the stated reasons of prohibited content.
Yalwa users are obliged to release Yalwa GmbH from claims or lawsuits arising from other Yalwa users or third parties whose rights or reputation has been damaged due to an advertisement’s content, particularly prohibited content (refer to 4.2) representing the violation of rights and reputation of others. Yalwa users are compelled to shoulder the costs/claims arising from lawsuits directed at Yalwa GmbH, including all court and attorney’s fees to a legal extent. Should this be the case, the concerned user is obligated to immediately meet the demands to provide certified true and correct information required for the defense of the interests and the verification of claims as necessary.
- 6 DUES/FEES
- 6.1 The usage of the Yalwa website is essentially free of charge. However, Yalwa reserves the right to charge fees for special services and site features as well as the publication of online business listings under specific/certain categories on the site.
- 6.2 All fees shall be reflected and charged in the respective currency for each country. Yalwa reserves the right to charge in other currencies for technical reasons.
- 6.3 Each and every fee shall be due for immediate payment and shall be paid for/settled using the different methods of payment offered on the website. Costs that may arise from aborting the payment collection shall be shouldered by the user and not Yalwa GmbH.
- 6.4 The user shall be informed about new invoices via an email that provides a link to the users "My Yalwa" account. The invoice(s) can then be downloaded from this page. Yalwa GmbH ensures the protection of the user by sending these e-mails only to the registered e-mail address on Yalwa.
- 6.5 In the event of delayed payments for these services, Yalwa reserves the right to suspend the execution of the said service(s) and restrict the access of the user until the amount due has been paid.
- 6.6 Yalwa GmbH reserves the right to temporarily change/modify the fees for services for promotions, implementation of new functionalities on the website or other marketing offers as deemed necessary.
CHARGEABLE BUSINESS LISTINGS WITH ADDITIONAL OPTIONS/FEATURES
Yalwa users may book additional features to their business listings according to their desired time frame. Should the user choose to delete the listing(s) before the booked time frame has elapsed, this revokes the right of the user to retain or re-use the rest of the “unused” booked time. Yalwa does not return the costs for the discontinued use of the features/services.
PUBLICATION OF BUSINESS LISTING(S) ON RELATED INTERNET PLATFORMS OWNED BY YALWA GMBH
Yalwa reserves the right to republish advertisement(s) on Yalwa and on other websites owned by Yalwa GmbH.
- 9 MODIFICATION OF BUSINESS LISTING CONTENT
- 9.1 The Yalwa user may at any time modify or delete their business listing.
- 9.2 The Yalwa user has the right to demand the removal or deletion of the user’s own ads from the website. Yalwa shall be ready to comply with this request immediately. However due to technical reasons, this usually takes a period of up to 24 hours.
- 10 LIABILITY LIMITATIONS
- 10.1 You agree not to hold us responsible for things other users post or do. As most of the content on Yalwa comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered. We also cannot guarantee continuous or secure access to our services. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Yalwa, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
- 10.2 Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Euros.
- 11 MISCELLANEOUS
- 11.1 The transfer of rights and obligations of Yalwa users to third parties require the approval of Yalwa GmbH.
- 11.2 The disclosure of login details and passwords to third parties, including other Yalwa users is prohibited.
- 11.3 If the customer/user is a merchant or a legal entity of public law or constitutes special funding under public law, the place of jurisdiction is agreed upon to be in Wiesbaden, Germany.
- 11.4 The legal relationship between Yalwa GmbH and the Yalwa user is subject to the rights of the Federal Republic of Germanywith the exclusion of the UN consumer rights (CISG) and conflicts to the provisions of German rights.
Questions, remarks and complaints may be sent to us through our contact form.