These Terms of Use (“Terms”) govern your access to, and use of, the websites (each, a “Site” or “Website”), mobile applications, the mobile text program, third-party messaging platforms, and online services or programs (collectively, the “Services”) operated by or on behalf of the YAYA group of companies (“YAYA”) and on which these Terms appear. These Terms are a legal and binding agreement between you and YAYA. Your use of the Services indicates your acceptance of these terms. Do not use the Services if you do not agree to be bound by these Terms.
YAYA strives to ensure that the information contained on the Services is accurate and reliable. However, YAYA and the Services are not infallible, and errors may sometimes occur. Therefore, to the fullest extent permissible pursuant to applicable law, YAYA makes no representations about the reliability of the features of the Services, the YAYA Content (defined below), Submitted Content (defined below), or any other Service feature. You acknowledge that any reliance on such material and/or systems will be at your own risk. YAYA is not responsible for the information, data, text, or other materials that may appear in Submitted Content or may otherwise be submitted by users. Opinions expressed in Submitted Content do not necessarily reflect the opinions of YAYA, and YAYA does not endorse or control Submitted Content. Submitted Content is not necessarily reviewed by YAYA prior to posting, and YAYA makes no warranties, express or implied, as to the Submitted Content or to the accuracy and reliability of the Submitted Content. YAYA makes no representations regarding the amount of time that any YAYA Content or Submitted Content will be preserved.
The Services are provided on an “as is, as available” basis without any representation or warranty, express or implied, of any kind. To the fullest extent permitted by law, YAYA hereby disclaims all warranties of any kind or nature, including, but not limited to, the implied warranties of merchantability, accuracy, non-infringement, and fitness for any particular purpose. YAYA disclaims any and all liability for the acts, omissions, and conduct of any third-party service providers, partners, sponsors, licensors, licensees, and the like (“Providers”) in connection with or related to your use of the Services and materials, programs, and features made available therein. In no event shall YAYA or any of YAYA’s Providers be liable to any person for damages of any kind under any legal theory, including, but not limited to, any direct, indirect, special, consequential, punitive, or other damages (lost profits, business interruption, or loss of information, programs, or data) resulting from your use or inability to use the Services, even if YAYA has been advised of the possibility of such damages. Because some states do not permit the exclusion or limitation of certain damages, in such jurisdictions, liability is limited to the fullest extent permitted by such state law.
User-submitted Content
Certain areas of the Services enable you to submit remarks, ideas, images, photos, suggestions, graphics, and/or other materials and content (“Submitted Content”). You acknowledge that you are responsible for whatever material you submit, and you, not YAYA, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. By posting, displaying, publishing, or otherwise submitting Submitted Content on or through the Services, you understand and acknowledge that any materials, ideas, or other communications you transmit will not be treated as confidential or proprietary. Furthermore, such Submitted Content will forever be the property of YAYA, and YAYA is entitled to use the Submitted Content for any commercial or other purpose whatsoever without compensation to you.
Online Purchase
To purchase food products, merchandise, or other items through the Services, you must provide valid payment card and billing information. Such information will be collected by YAYA. Your information will be collected and used in accordance with YAYA’s Privacy Policy. When you purchase items through the Services, prices will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to have your payment card billed for the total amount displayed at check out. By purchasing items through the Services, you represent and warrant to YAYA that you are capable of entering into a contract under applicable law.
Website Access
YAYA hereby grants you permission to use the Services as set forth in these Terms, provided that: (i) your use of the Services as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Services in any medium without YAYA’s prior written authorization; (iii) you will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for their intended purpose; and (iv) you will otherwise comply with these Terms. In order to access some features of the Services, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Although YAYA will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of YAYA or others due to such unauthorized use.
Hyperlinks
The Services may link to sites not maintained by or related to YAYA. Hypertext links are provided as a service to users and are not necessarily sponsored by or affiliated with the Services or YAYA. YAYA has not necessarily reviewed the sites hyperlinked to or from the Services and is not responsible for the content of any other site. These links are to be accessed at the user’s own risk. YAYA makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to or from the Services. Furthermore, YAYA does not implicitly endorse third-party sites hyperlinked to or from this Website.