TERMS AND CONDITIONS FOR USE OF YEEBAA
1. Definitions and Interpretation
1.1. Unless the context otherwise requires, capitalized terms in these Terms shall bear the following
meanings:
Account: means the account that the User must create in order to gain access to the Service.
Approval: means the User’s unconditional and irrevocable approval to the terms and conditions of these
Terms, which the User expresses by signing an agreement for use of Yeebaa with Digital Natives Ltd BVI
and to which these Terms are annexed, or by clicking the “Accept” button found on the Service
Platform.
Booking: means the booking order placed by the Buyer via the Service Platform.
Credentials: shall have the meaning prescribed to it in clause 3.3.1.
Event Outside Yeebaa’s Control: shall have the meaning prescribed to it in clause 14.1.
Initial Term: shall have the meaning prescribed to it in clause 16.1
BUYING FEES: means the fees payable by the Buyer to Yeebaa, to purchase the products provided by the
application
Registration Data: shall have the meaning prescribed to it in clause 3.2.1.
Renewal Term: shall have the meaning prescribed to it in clause 16.1.
Service: means the services provided to the User by Yeebaa, which includes at a basic level the User’s
access to the Service Platform, and, if and when applicable, other services.
Service Platform: means the platform available for use by the User by Yeebaa.
Service Platform Policies: means the platform policies of the Service Platform.
Taxes: shall have the meaning prescribed to it in clause 4.1.6
Term: means the term of these Terms, including the Initial Term and any Renewal Term, unless terminated
earlier in accordance with the provisions of these Terms.
Terms: means these terms and conditions which govern the relationship and obligations of Yeebaa and the
User.
Update: means any change, addition, alteration or modification of these Terms by Yeebaa, or anything
that Yeebaa supplements to these Terms.
USER: means the Buyer who has an Account on Yeebaa.
2. Yeebaa’s Obligations
2.1. Yeebaa shall make the Service accessible to User pursuant to these Terms, and provide technical
support for the Service Platform.
2.2. Yeebaa may Update the Terms. Yeebaa will post all Updates and notify the User. User’s continued
access or use of the Service after Yeebaa posts an Update constitutes the User’s consent to be bound by
the Update and the Terms as updated.
3. Buyer Obligations
3.1. Introductions
3.1.1 In order to use and access the Service Platform and issue Booking (s), the User must have the
power and authority to accept these Terms, enter a binding contract with Yeebaa, as the case maybe, in
accordance with these Terms.
3.1.2 By Approval, the User acknowledges and declares that it has read these Terms in full and
understands and agrees that it will be bound by these Terms. If the User does not agree with the Terms,
the User must cease using the Service or Service Platform immediately.
3.2. Registration and User Obligations
3.2.1 User shall:
i. provide true, accurate, current, and complete information as prompted by the Service or otherwise
requested by Yeebaa when establishing an Account for access to the Service (such information, the
“Registration Data”); and
ii. maintain and promptly update the Registration Data and contact information to keep it accurate,
current, and complete.
3.2.2 User warrants that any Registration Data submitted is true, valid, accurate and complete, and the
User agrees to keep it that way at all times.
3.3. Account, Password, and Security
3.3.1 User must establish an Account for accessing the Service, including a username and password to
access such Account (“Credentials”).
3.3.2 User is solely responsible for keeping its Credentials confidential and secure. User understands
that User is responsible for all use of its Credentials. If the User’s Credentials are lost or stolen,
or if User believes there has been unauthorized access to User’s Account by any third parties, User
agrees to notify Yeebaa immediately.
3.4. User Responsibility
3.4.1 User is solely and fully responsible for all activities that occur under its Credentials and
Account.
3.5. Appropriate Use
3.5.1 User must only use the Service and Service Platform in accordance with:
i. these Terms;
ii. the Service Platform Policies;
iii. any applicable law and regulation relating to downloading or technology used or supported by the
Service and Service Platform.
3.5.2 In no event shall User:
i. allow or cause to be allowed any remote access to the Service Platform unless and until the User has
obtained Yeebaa’s prior written consent;
ii. copy, transmit, distribute, reproduce, license, alter, reverse engineer, adapt or modify the whole
or any part of the Service and Service Platform in any way whatsoever;
iii. use the Service and Service Platform in any way that could damage, disable, overburden, impair or
compromise the Service and Service Platform;
iv. provide any service provider with services similar to that of Yeebaa with access to, or information
about, the Service Platform for any purpose;
v. access the Service Platform while it owns, develops or maintains a similar technology and/or
applications with similar functionalities;
vi. use the Service or Service Platform in any unlawful manner, for any unlawful purpose, or in any
manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into
or inserting malicious code, including viruses, or harmful data, into the Service or Service Platform or
any operating system;
vii. transmit any material that is defamatory, offensive or otherwise objectionable in relation to
User’s use or operation of the Service or Service Platform;
viii. use the Service or Service Platform in a way that could damage, disable, overburden, impair or
compromise Yeebaa’s systems or security or interfere with other users; or
ix. collect or harvest any information or data from Service or Service Platform or Yeebaa’s systems or
attempt to decipher any transmissions to or from the servers running the Service or Service Platform.
3.6. Buyer Specific Obligations
3.6.1 Buyer shall comply with the Service Platform Policies and these Terms.
3.6.2 Buyer undertakes to settle buying Fees with the respective party.
4. Payment and Other Terms
4.1. Invoicing Terms
4.1.1 Yeebaa will invoice the Buyer Yeebaa Buying Fee upon booking. Yeebaa Buying Fee shall be paid and
settled by the Buyer instantly.
4.1.2 All payments to be made under these Terms by User to Yeebaa shall be made free and clear of, and
without deduction for or on account of, any sales, use, value-added and withholding taxes, and any other
taxes, duties, tariffs, charges, fees and penalties of any nature now or hereafter imposed by any
national, state or local government that are applicable to transactions under these Terms (collectively
“Taxes”).
4.1.3 If User is compelled to make any such deduction, it will pay Yeebaa such additional amounts as are
necessary to ensure that Yeebaa receives the full amount which Yeebaa would have received but for the
deduction.
4.1.4 Yeebaa may, at its sole discretion, refund Yeebaa Buying Fee in the event of non-execution or
cancellation of the Booking.
5. cancellations
5.1. The buyer has the right to cancel the buying order that is scheduled for the future, the
cancelation does not always constitute a monetary refund and can sometimes obtain credit on the
application instead.
6. Confidentiality
6.1. privacy
6.1.1 The Service Platform will store some content that could potentially identify an individual. Yeebaa
has built its platform to save some biometrics that collects personally identifying information, but
will only use this information in the case of legal pursuing
6.2. Anonymity
6.2.1 Yeebaa does not personally identify individuals, unless in the case of legal pursuing. Data
collected is only stored and used by Yeebaa
6.3. Copyright complaints and checks
6.3.1 Yeebaa will use reasonable efforts to conduct background checks prior to opening Accounts and to
investigate notices of alleged infringement and will take appropriate action under applicable
intellectual property law and these Terms where it believes an infringement has taken place, including
removing or disabling access to the Service Platform or Service claimed to be infringing and/or
terminating accounts and access to the Service Platform or Service. Users wishing to make such claims
must submit a notice in writing to Yeebaa containing a detailed description of the alleged infringement
sufficient to enable Yeebaa to make a reasonable determination. The User may be held accountable for
damages (including costs and attorney’s fees) for misrepresenting that any content is infringing their
or others’ copyright.
7. License to Access Service Platform
7.1. In exchange for User agreeing to abide by these Terms, Yeebaa hereby grants User a limited,
non-exclusive, non-transferable, non-sub licensable right and license during the Term to remotely access
and use the Service Platform as provided by Yeebaa. User shall have access to the Service Platform only
through remote access through the confidential password protected login process provided by the Service
Platform.
8. Intellectual Property and Retained Rights
8.1. User agrees that the Service and Service Platform, graphics, user interface, audio clips, video
clips, editorial content, and the scripts and software used to implement the Service and operate the
Service Platform, contains proprietary information and material that is owned by Yeebaa and/or its
licensors, and is protected by applicable intellectual property and other laws, including but not
limited to copyright. These are licensed and not sold to User. User agrees that User has no rights in,
or to, such proprietary information, other than the right to use same in accordance with the license
granted under these Terms. User further agrees that it will not use such proprietary information or
materials in any way whatsoever except for use of the Service in accordance with these Terms. Any
ownership rights in such proprietary information are hereby expressly retained to Yeebaa and/or its
licensors.
8.2. The User grants Yeebaa an irrevocable, perpetual, worldwide, non-exclusive, royalty-free,
sub-licensable right and license to use, reproduce, publish, translate, distribute, perform and display
any content (in whole or part) used or placed by the User on the Service Platform, worldwide through
Yeebaa as well as on any of our affiliates or partners websites and sub domains and mobile platform.
8.3. All Yeebaa trademarks, service marks, trade names, logos, domain names, and any other features of
Yeebaa brand are the sole property of Yeebaa. The license granted under these Terms does not grant User
any rights to use Yeebaa trademarks, service marks, trade names, logos, domain names, or any other
features of Yeebaa brand, whether for commercial or non-commercial use.
8.4. No portion of the Service or Service Platform may be reproduced in any form or by any means. User
agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the
Service or Service Platform in any manner, and User shall not exploit the Service or Service Platform in
any unauthorized way whatsoever, including but not limited to, by trespass or burdening network
capacity.
9. Technology Limitations
9.1. Yeebaa will make reasonable efforts to keep the Service and Service Platform operational. However,
certain technical difficulties or maintenance may, from time to time, result in temporary interruptions.
Yeebaa reserves the right, periodically and at any time, to modify or discontinue, temporarily or
permanently, functions and features of the Service and Service Platform, with or without notice, all
without liability to Yeebaa for any interruption, modification, or discontinuation of the Service and
Service Platform or any function or feature thereof. User understands and agrees that Yeebaa has no
obligation to maintain, support, upgrade, or update the Service or Service Platform, or to provide all
or any specific content through the Service or Service Platform.
10. Warranty Disclaimer
10.1. Yeebaa endeavors to provide the best service it can, but User understands and agrees that Yeebaa
Service is provided “as is”, without express or implied warranty or condition of any kind. User uses the
Service and Service Platform at its own risk. Yeebaa disclaims any warranties or conditions of
merchantability, fitness for a particular purpose or non-infringement. Yeebaa further disclaims any
warranties in relation to the content, accuracy, completeness, accessibility, suitability, safety,
security, reliability or any other aspect of any material and/or information on the Service Platform,
the performance and availability of the Service Platform, the loss, damage, corruption or degradation of
any data or other material as a result of the use or operation of the Service or Service Platform.
10.2. In addition, Yeebaa does not warrant, endorse, guarantee or assume responsibility for any third
party applications, third party application content, or any other product or service advertised or
offered by a third party on or through the Service or Service Platform or any hyperlinked website, or
featured in any banner or other advertising.
10.3. User understands and agrees that Yeebaa is not responsible or liable for any transaction between
User and third-party providers of third party applications or products or services advertised on or
through the Service or Service Platform. As with any purchase of a product or service through any medium
or in any environment, User must and should use its judgment and exercise caution where appropriate. No
advice or information whether oral or in writing obtained by User from Yeebaa shall create any warranty
on behalf of Yeebaa in this regard.
11. Risk and Viruses
11.1. Despite all best efforts, Yeebaa makes no warranties that the Service, Service Platform, material
available on or throughout the same is free of infection by computer viruses or other contamination.
11.2. User accesses the Service and Service Platform at its own risk and Yeebaa accepts no
responsibility for any interference, loss, damage or disruption to User’s devices or otherwise which
arises in connection with User’s use of the Service and Service Platform.
11.3. User must take its own precautions to ensure that the process which User employs to obtain access
to the Service and Service Platform does not expose User to the risk of viruses, malicious computer code
or other forms of interference which may damage the User’s devices or information or otherwise cause
User or any person loss, damage or corruption.
12. No Endorsement
12.1. The Service and Service Platform may contain links to other websites which are external to Yeebaa.
The provision of these links does not constitute endorsement or support by Yeebaa for the information,
products, services or persons associated with the related sites. The material found by using these links
is not created, controlled or approved by Yeebaa and no responsibility is taken by Yeebaa for the
consequences of viewing or using such material.
13. Limitation of Liability
13.1. User agrees that, to the extent permitted by applicable law, the sole and exclusive remedy for any
problems or dissatisfaction with the Service or Service Platform is to stop using the Service or Service
Platform.
13.2. Yeebaa disclaims, to the maximum extent permitted by law, all responsibility and all liability
(including without limitation, liability in negligence) for all expenses, losses, damages and costs
incurred for any reason associated with:
13.2.1 the use or or inability to use the Service or Service Platform, including that the materials
available on or through same are in any way inaccurate, out of context, incomplete or unavailable;
13.2.2 accessing, displaying and using the Service or Service Platform and/or participating in any
on-line activities contained therein;
13.2.3 any interruption, suspension or termination of the Service or Service Platform in whole or in
part for whatever reason;
13.2.4 the unavailability, unsuitability or non-connectivity of third party sites; or
13.2.5 any loss, damage, corruption or degradation of any data or other material as a result of the use
of the Service or Service Platform and or viruses or other technologically harmful material that may
infect the User due to such use.
13.3. To the fullest extent permitted by law, in no event will Yeebaa, its officers, shareholders,
employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers or licensors be
liable for any indirect, special, incidental, punitive, exemplary or consequential (including loss of
use, data, business, or profits) damages incurred by the User, without regard to whether Yeebaa has
warned of the possibility of those damages.
14. Events Outside Yeebaa Control
14.1. Yeebaa will not be liable or responsible for any failure to perform, or delay in performance of,
any of our obligations under these Terms that is caused by any act or event beyond Yeebaa’s reasonable
control, including failure of public or private telecommunications networks (“Event Outside Yeebaa’s
Control”).
14.2. If an Event Outside Yeebaa’s Control takes place that affects the performance of Yeebaa
obligations under these Terms:
14.2.1 Yeebaa’s obligations under these Terms will be suspended and the time for performance of Yeebaa
obligations will be extended for the duration of the Event Outside Yeebaa Control; and
14.2.2 Yeebaa will use it’s reasonable endeavors to find a solution by which our obligations under these
Terms may be performed despite the Event Outside Our Control.
15. Indemnity
15.1. User agrees to indemnify and hold Yeebaa harmless from any and all damages or fees incurred as a
result of User’s interactions on the Service Platform.
16. Term
16.1. These Terms shall be valid from the date of the Approval and shall remain in full force until such
time the User ceases to be a User, unless these Terms are terminated earlier in accordance with the
provisions herein.
17. Right of Cancellation
17.1. Yeebaa may cancel or suspend the User’s Account, use of or access to the Service or Service
Platform at any time, with or without notice if the User has breached any of the Terms.
17.2. Yeebaa reserves the right to cease operating the Service or Service Platform at any time, without
notice, and to terminate these Terms.
18. Effect of Termination
18.1. On termination for any reason:
18.1.1 all rights and licenses granted to User under these Terms shall cease; and
18.1.2 User must immediately cease all activities authorized by these Terms.
19. Entire Agreement
19.1. These Terms constitute all the terms and conditions agreed upon between the Parties and supersede
any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any
additional or different terms or conditions in relation to the subject matter of these Terms in any
written or oral communication from User to Yeebaa are void. User represents that User have not accepted
the Terms in reliance on any oral or written representations made by Yeebaa that are not contained in
the Terms.
20. Communication
20.1. If User wishes to contact Yeebaa, this must be in writing, or if any condition in these Terms
requires User to give Yeebaa notice in writing, User can send this to Yeebaa by e-mail at the email
address stipulated on the Service Platform.
20.2. If Yeebaa has to contact the User or give the User notice in writing, Yeebaa will do so by e-mail
to the email address provided in the Registration Data.
21. Assignment
21.1. Yeebaa may assign any of the licenses in the Service or Service Platform or any part of them
without restrictions.
21.2. Yeebaa shall be permitted to transfer, wholly or partially, its rights and/or obligations under
this Agreement, by way of assignment and/or novation, to any third party it solely decides upon hereby:
21.2.1 grants its unconditional and irrevocable consent to any such assignment and/or novation; and
21.2.2 agrees to do and execute or procure to be done and executed all necessary acts, deeds, documents
and things in a form satisfactory to Yeebaa which Yeebaa may consider necessary for giving full effect
to this Agreement and securing to the party to whom Yeebaa has transferred or proposes to transfer its
rights and obligations under this Agreement the full benefit of the rights, powers and remedies
conferred upon Yeebaa in or by this Agreement.
21.3. User may not assign these Terms or any part of them, nor transfer or sub-license User’s rights or
licenses granted under these Terms, to any third party, without Yeebaa’s written consent.
22. Severability
22.1. Should any provision of these Terms be held invalid or unenforceable for any reason or to any
extent, such invalidity or enforceability shall not in any manner affect or render invalid or
unenforceable the remaining provisions of the Terms, and the application of that provision shall be
enforced to the extent permitted by law.
23. No Waiver
23.1. No provision of these Terms will be taken to be waived except by written notice signed by Yeebaa.
24. Choice of law and Dispute Resolution
24.1. These Terms are subject to the laws of England and Wales, without regard to choice or conflicts of
law principles. User agrees to the exclusive jurisdiction of the courts of England and Wales to resolve
any dispute, claim or controversy that arises in connection with these Terms.