Terms and Conditions

Last Updated: 11th June 2020

Introduction
1. We are YOU-IN (UK) Limited trading as “YOUIN”. Our company information is at the end of this document.
Some definitions
1. Here are some definitions which are used in this document (all capitalised):
  a) “App” – the “YOUIN” mobile application.
  b) “Consumer” - an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
  c) “Content” - all information of whatever kind (including posts, comments, chat, images, photos, audio, video, advertisements, etc.), uploaded to our Service (including messages sent via our Service).
  d) “Service” – our App and any related services.
  e) “Store” – the app distributor from which you download the App (e.g. Apple App Store, Google Play App Store).
  f) “Store Rules” – any applicable rules, policies or terms of the relevant Store.
  g) “User” - persons or organisations using our Service (whether or not registered with us).
What this is all about – introduction to our terms and conditions
1. These are our terms and conditions which apply to our Service. We’ve tried to make them user-friendly. Please read them carefully and save a copy as we don’t file a copy specifically for the transaction with you. They’re available in English only.
2. These terms and conditions are an “end user licence agreement” between you and us (not the Store) in relation to our App (i.e. setting out how we allow you to use our App). You also agree to be legally bound by the Store Rules.
Changing our terms and conditions
1. We may change these terms and conditions by giving notice by email, SMS and/or in-app message and/or by posting the new version on our website. Please check our website from time to time. You shall be bound by the revised agreement if you continue to use our Service following the effective date shown.
Forming a contract with us
1. By downloading our App, you enter into a legal contract with us.
Consumer right to cancel (“cooling off”)
1. If you are a Consumer living in the “European Economic Area”, you have the right to cancel this contract subject to the provisions set out below.
2. However, you lose the right to cancel where the supply of digital content began before the end of cancellation period with your specific agreement and you acknowledged that your right to cancel would be lost in such case.
3. If you do have the right to cancel, please see the instructions at the end of this document.
Your right to use our Service
1. We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you (only Apple-branded where Apple Inc is the Store) subject to these terms and conditions and, where applicable, in accordance with the Store Rules.
Who can use our Service?
1. You must not use, or attempt to register on, our Service if you are below 13 years of age.
Acceptable use of our Service
1. You undertake not to do any of the following in connection with the Service:
  a) breach any applicable law, regulation or code of conduct;
  b) upload any Content (including links or references to other content), or otherwise behave in a manner, which:
  - is defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive or deceptive;
  - infringes any intellectual property or other rights of others;
  - involves phishing or scamming or similar; or
  - we otherwise reasonably consider to be inappropriate;
  c) upload any Content which includes someone else’s personal information unless that person is 18 years or over and you have obtained that person’s explicit written consent or you are the parent/guardian of such person;
  d) impersonate any person or entity in order to mislead others;
  e) upload any Content which links to any third party websites which are unlawful or contain inappropriate Content;
  f) use the Service to provide a similar service to third parties or otherwise with a view to competing with us;
  g) use the Service for junk mail, spam, pyramid or similar or fraudulent schemes;
  h) do anything which may have the effect of disrupting the Service including denial of service attacks, worms, viruses, software bombs or mass mailings;
  i) do anything which may negatively affect other Users’ enjoyment of the Service;
  j) gain unauthorised access to any part of the Service or equipment used to provide the Service;
  k) intercept or modify communications to or from the Service;
  l) deliberately exploit any bugs found with the Service;
  m) circumvent any security or other features of the Service including features that restrict use or copying of Content; or
  n) attempt, encourage or assist any of the above.
2. You undertake to:
  a) comply with any rules or requirements on our Service;
  b) promptly comply with any reasonable request or instruction by us in connection with the Service; and
  c) ensure that any contact or other information which you supply to us is accurate and not misleading and you will tell us if there are any important changes.
If you upload Content to our Service …
1. You are responsible for your Content.
2. You guarantee you have (and will retain) all rights and permissions needed to enable use of your Content as contemplated by the Service and these terms and conditions.
3. If you use any features on our site which enable you to share your Content with third party sites, we are not responsible for use of your Content on those third party sites.
4. We reserve the right without notice or refund to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities, or if we consider that Content does not meet our quality standards. If so, you must not attempt to re-publish or re-send the relevant Content.
5. It is your responsibility to decide which Content to upload (subject to these terms and conditions). We do not accept responsibility if your Content is misused by others as this is outside our reasonable control. Don’t upload any Content if you are concerned that it may be misused.
6. We may place advertisements near or within your Content. If so, we retain all revenue from such advertisements.
7. It is your responsibility to make your own backup of Content to protect you in case of loss or damage to such material. We are not responsible for such loss or damage.
8. We may irretrievably delete your Content without telling you after this agreement ends.
9. Uninstalling the App may result in deletion of all Content on your device.
Dealing with other Users…
1. You accept that we have no obligation to vet or monitor Users or their Content. You rely on such information and/or deal with other Users at your own risk. We accept no legal responsibility in connection with any dealings between Users. It is your responsibility to carry out careful and detailed investigations before dealing with other Users including use of or reliance on their Content. You should not assume that any Content from another User is accurate and be aware that a person may not be who he or she claims to be.
2. You acknowledge that in using the Service you may encounter behaviour or Content which you consider inappropriate. If so, please email us to our email address shown below (including if you wish to give us notice of defamatory material). Please also use any available blocking mechanisms, seek relevant external help If appropriate (e.g. from law enforcement authorities) and/or stop using the Service.
Other peoples’ services / advertising / websites
1. We may display other peoples’ services, advertising and /or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.
Guidance
1. If we ourselves provide any guidance or other general information on our Service, we do not guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.
Your account
1. Unless otherwise specifically stated on our Service, your account is for your personal use only and is non-transferable. You undertake not to allow any other person to use your account. You undertake to take reasonable care to keep your login information confidential and to notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
Payment
1. While parts of our Service are available to Users free of charge, certain features (such as listing events) are available only to Users who pay. Prices and payment methods are as explained on our Service. Payment is in advance.
2. If we have mis-priced any part of our Service, we are not obliged to supply the Service provided we notify you. If we do notify you, then you can decide if you want continue with the Service at the correct price.
3. You must contact us immediately with full details if you dispute any payment.
Discount codes
1. We may offer discount codes from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; (3) can only be redeemed once per customer; and (4) expire after 12 months. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.
2. We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
Support
1. We do not supply support except to the extent specifically stated on our Service, as may be varied from time to time. You acknowledge that the Store has no obligation to supply any maintenance and support services in relation to the App.
Compatibility of App
1. We do not guarantee that the App is or will be compatible with any particular mobile devices or associated operating systems (OS’s). You must check that the App works on your applicable device before you make an upgrade payment. You acknowledge that the supplier of the device or OS may issue an update that causes our App to stop working. We may issue App updates through the Store; if so, you may not be able to use our App properly or at all until you have downloaded the update, which may be subject to agreement to new terms and conditions. It is your responsibility to frequently monitor for App updates and to install them as soon as they become available.
Functioning of our Service
1. We do not guarantee that the Service will be uninterrupted or error-free. We are entitled, without notice and without liability (a) to suspend the Service for repair, maintenance, improvement or other technical reason and (b) to make changes to the Service.
2. You acknowledge that technology is not always secure and you accept the risks inherent in use of the Internet or other technology for the purpose of the Service.
Ending or suspending this contract
1. You may at any time end this contract by deleting your account by emailing us to the email address shown below and by uninstalling the App from all of your devices. (This doesn’t entitle you to a refund unless you have Consumer “cooling off” rights, explained above.)
2. 20.2 We are entitled at any time (with or without notice) to end this contract or suspend part or all of our Service or impose restrictions on our Service if:
  a) we have reason to believe that you have breached our terms and conditions;
  b) any fees payable by you are unpaid / unjustifiably charged back;
  c) we think that it is necessary to protect us or others; or
  d) we are required to do so by law or appropriate authority.
  There will be no refund.
3. We are entitled at any time end this contract by email notice and/ or by SMS and/or in-app message without refund if we terminate our Service as a whole.
4. If either of us ends this contract:
  a) Your right to use our Service and all licences are terminated.
  b) Existing rights and liabilities are unaffected.
  c) All clauses in this contract which are stated or intended to continue after termination will continue to apply.
  d) You must not attempt to re-register for or continue to use our Service if we have given you notice of termination.
Liability – restrictions on our legal responsibility (IMPORTANT)
1. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
2. Very important: If you are a Consumer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
  a) there is no breach of a legal duty owed to you by us or by any of our employees or agents;
  b) such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
  c) such loss or damage is caused by you, for example by not complying with this agreement; or
  d) such loss or damage relates to a business of yours.
3. Very important: If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).
4. The following clauses apply only if you are not a Consumer:
  a) In no event (including our own negligence) will we be liable for any:
  - economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
  - loss of goodwill or reputation;
  - special, indirect or consequential losses; or
  - damage to or loss of data
  (even if we have been advised of the possibility of such losses).
  b) You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.
  c) To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
  d) This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
5. The following applies where Apple Inc is the Store:
  a) In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility subject to these terms and conditions.
  b) We, not Apple, are responsible for addressing your claims or the claims of any third party relating to the App or the end-user’s possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation including use of HealthKit and HomeKit frameworks.
Intellectual property rights (e.g. copyright)
1. The intellectual property rights in all material used on or in connection with our Service are owned by us or by our partners or other Users. For your personal use only, you may view such material on your device. You must not otherwise use such material including copying, publishing, selling or adapting it or taking extracts from it without our specific prior written consent. You must not misrepresent the ownership or source of such material, for example by changing or removing any legal notices or author attributions.
2. Just to be clear - you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.
3. You must not reverse-engineer or decompile any of our software in any way (except to the extent allowed by applicable law). You must not create or use a modified or derivative version of our software or distribute or sublicense our software to third parties. You must take reasonable steps to ensure that our software is not disclosed to any third party.
4. If you upload any Content to our Service or provide us with any ideas or suggestions for our Service, you allow us at no cost, and forever, to use and adapt all or part of such material however we wish on our Service. You also allow each User to use your Content in accordance with these terms and conditions.
5. In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not the Store, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
Privacy
1. You acknowledge and agree that we may process your personal information in accordance with the terms of our privacy policy which is subject to change from time to time.
Events outside our control
1. We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics.
Legal compliance
Apple Inc is a “Third Party Beneficiary”
1. Where Apple Inc is the Store: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary thereof.
Transfer
1. We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
English law
1. This contract is under English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a consumer to rely on such mandatory provisions of local law. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/consumers/odr/. Our email address is at the end of this document.
General but important stuff
1. We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated above). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.
Complaints
1. If you have any complaints, please contact us via the contact details shown below.
Company information
1. Company name: YOU-IN (UK) Limited
2. Trading name: “YOUIN”
3. Country of incorporation: England and Wales.
4. Registered number: 11717788
5. Registered office and trading address: Leofric House, Binley Road, Coventry, CV3 1JN, UK
6. Contact email address: [email protected]
7. Other contact information: See our website.
8. VAT number: GB 324241734

RIGHT TO CANCEL (“COOLING OFF”)

The following applies if you have the right to cancel this contract (as explained above):

Right to cancel

You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right to cancel, you must inform us YOU-IN (UK) Limited, Leofric House, Binley Road, Coventry, CV3 1JN, UK (email address above) (of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the model cancellation form below but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you.
We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
If you requested us to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract in comparison with the full coverage of the contract.

MODEL CANCELLATION FORM

Complete and return this form only if you wish to cancel the contract:

— To YOU-IN (UK) Limited, Leofric House, Binley Road, Coventry, CV3 1JN, UK (email address above):
— I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],
— Ordered on [*]/received on [*],
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date
[*] Delete as appropriate