SCOPE OF AGREEMENT
The usage of Yalwa is bound by the TOU set by Yalwa GmbH. Failure to comply with any of the stipulated terms in this agreement may result in the suspension or termination of your account, and in some instances legal action if required.
- 2 OBJECT OF AGREEMENT, RIGHTS OF THIRD PARTIES
- 2.1 The Yalwa website is an internet platform where users can publish business listings and use Yalwa services and features accordingly. Users are solely held responsible for the content they submit on Yalwa, as well as any consequences that arise from doing so.
- 2.2 Yalwa is not involved in any transaction, contract and/or arrangement that may occur between and among users and third parties. The conclusion of such transactions, contracts and/or arrangements remain the business of the users and the third party.
- 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 by doing so swears that the information provided is accurate and true. The registration process is complete when the account becomes active. The user is obliged to promptly inform Yalwa of any changes to their account information.
- 3.2 The user may resign from this agreement 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 via the following two methods:
- • 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
- 4.1 The user is legally and solely responsible for the content of the business listing(s) placed on the Yalwa website. The user is obliged to provide complete, true and certified correct information about his/her person, contact details, business details (if applicable) and must provide sufficient descriptions to the services offered on the listing being placed. The user agrees to place their business listing under the correct category within the website. The user is obliged to comply with the Yalwa TOU and is expected to adhere to these terms when interacting with other Yalwa users. The placement of duplicate/similar listings on the website is prohibited. Business owners offering items and services are obliged to inform consumers about consumer rights and the rights of withdrawal/cancellation, should this apply.
4.2 The user is not allowed to post content on the Yalwa website that breaches this agreement, applicable rights and/or third party rights
Prohibitions for the Yalwa user include:
- • Violating the law
- • Conducting business in a dishonest and/or deceptive manner
- • Violating the rights of the third party
- • Spamming, posting chain letters, and placing ads for multi-level marketing ("MLM") and pyramid schemes
- • Using virus(es) and other technical items that may cause damage to Yalwa GmbH or the interest of the users of Yalwa
- • Causing excessive burden on the Yalwa infrastructure and the smooth running operations of the Yalwa website
- • Copying, duplicating, modifying or distributing the content of other listings
- • Collecting information from other users such as email addresses from the site itself, or from other users without the approval of the user
- • Bypassing measures that serve to limit and/or prevent access to Yalwa
- 4.3 Yalwa has the right to block, delete or freeze listings that are deemed to contain 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 will not be honored when the Prohibited Content Policy is breached.
Yalwa users are obliged to release Yalwa GmbH from claims or lawsuits arising from other Yalwa users or third parties whose rights or reputation have 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 emails only to the registered email address on Yalwa.
- 6.5 The services are provided exclusively to commercial businesses, declaring their consent to tax liability – limited to the Value Added Tax (VAT/GST/Sales Tax). The recipient must be registered for VAT, GST, Sales Tax. With the conclusion of the contract, the recipient of the services agrees, that the VAT, GST and Sales Tax on a taxable supply is payable by the recipient and not by the supplier. The recipient is responsible for the timely application of the Tax (VAT, GST, Sales Tax).
- 6.6 In the event of delayed payments for 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.
- 6.7 Yalwa GmbH reserves the right to temporarily change/modify the fees for services, promotions, implementation of new functionalities on the website or other marketing offers as deemed necessary.
BUSINESS LISTINGS WITH PREMIUM FEATURES
Yalwa users may purchase premium features for their business listings according to their desired time frame. Should the user choose to delete the listing(s) before the purchased time frame has elapsed, this revokes the right of the user to retain or reuse the rest of the “unused” purchased 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, or (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.