Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the YotHop Marketplace Platform, you agree to comply with and be bound by these Terms of Service.
Last Updated: Feb 21, 2018
Thank you for using YotHop!
1. Scope of Services
1.1 The Training Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer courses (Members and third parties who offer courses are “Training Providers” and the services they offer are “Courses”) to publish such courses on the YotHop Marketplace Platform (“Listings”) which are bookable by users (Members using Training Providers are “Students”). Training Provider Services may include the offering of stand alone courses or catered and/or accommodated courses and access to unique events and locations (“Events”)
1.2 As the provider of the Marketplace Platform, YotHop does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Training Courses. Training Providers alone are responsible for their Listings and Services. When Members make a booking, they are entering into a contract directly with each other. YotHop is not and does not become a party to or other participant in any contractual relationship between Members, nor is YotHop an insurer. YotHop is not acting as an agent in any capacity for any Member.
1.3 While we may help facilitate the resolution of disputes, YotHop has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Training Providers, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content, or (iii) the performance or conduct of any Member or third party. YotHop does not endorse any Member, Listing or Training Provider. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by YotHop about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to book a Course or Event or use other Services and interact with other Members, whether online or in person.
1.4 If you choose to use the YotHop Training Marketplace Platform as a Training Provider, your relationship with YotHop is limited to being an independent, third-party provider, and not an employee, agent, joint venturer or partner of YotHop for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of YotHop.
1.5 To promote the YotHop Platform and to increase the exposure of Listings to potential Students and Listings may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. YotHop cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The YotHop Training Marketplace Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and noninfringement.
1.6 The YotHop Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. YotHop is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by YotHop of such Third-Party Services.
1.7 Due to the nature of the Internet, YotHop cannot guarantee the continuous and uninterrupted availability and accessibility of the YotHop Training Marketplace Platform. YotHop may restrict the availability of the Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Platform. YotHop may improve, enhance and modify the Platform and introduce new Services from time to time.
2. Eligibility, Using the YotHop Platform, Member Verification
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Platform or register an YotHop Account. By accessing or using the Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Service(s) are located or take place in a country that is subject to a Government embargo, or that has been designated by any Government as a “terrorist supporting” country, and (ii) you are not listed on any Government list of prohibited or restricted parties.
2.3 YotHop may make the access to and use of the Platform, or certain areas or features of the Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or booking and cancellation history.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.5 The access to or use of certain areas and features of the Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
2.6 Some areas of the Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
3. Modification of these Terms
YotHop reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Training Marketplace Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Platform will constitute acceptance of the revised Terms.
4.1 You must register an account (“YotHop Account“) to access and use certain features of the Platform, such as publishing or booking a Listing. If you are registering an Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register a YotHop Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or LinkedIn (“SNS Account“).
4.3 You must provide accurate, current and complete information during the registration process and keep your YotHop Account and public YotHop Account profile page information up-to-date at all times.
4.4 You are responsible for maintaining the confidentiality and security of your Account credentials and may not disclose your credentials to any third party. You must immediately notify YotHop if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your YotHop Account. You are liable for any and all activities conducted through your Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.5 No third party is authorized by YotHop to ask for your credentials, and you shall not request the credentials of another Member.
5.1 YotHop may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Platform (“Member Content“); and (ii) access and view Member Content and any content that YotHop itself makes available on or through the Platform, including proprietary YotHop content and any content licensed or authorized for use by or through YotHop from a third party (“YotHop Content” and together with Member Content, “Collective Content“).
5.2 The YotHop Marketplace Platform, YotHop Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other law. You acknowledge and agree that the YotHop Platform and YotHop Content, including all associated intellectual property rights, are the exclusive property of YotHop and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the YotHop Platform, YotHop Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of YotHop used on or in connection with the YotHop Platform and YotHop Content are trademarks or registered trademarks of YotHop. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the YotHop Platform, YotHop Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the YotHop Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by YotHop or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, YotHop grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and view any Collective Content made available on or through the YotHop Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Platform, you grant to YotHop a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Platform, in any media or platform. Unless you provide specific consent, YotHop does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
5.6 YotHop may offer Training Providers the option of having professional photographers take photographs of their Services, which are made available by the photographer to Training Providers to include in their Listings with or without a watermark or tag bearing the words “yothop.com Verified Photo” or similar wording (“Verified Images“). You are responsible for ensuring that your Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Platform if they no longer accurately represent your Listing, if you stop providing the Service featured, or if your Account is terminated or suspended for any reason. You acknowledge and agree that YotHop shall have the right to use any Verified Images in advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where YotHop is not the exclusive owner of Verified Images, by using such Verified Images on or through the Platform, you grant to YotHop an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. YotHop in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the Platform solely for your personal and non-commercial use.
5.7 You are solely responsible for all Member Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to YotHop the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or YotHop’s use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances. YotHop may, without prior notice, remove or disable access to any Member Content that YotHop finds to be in violation of these Terms or YotHop’s then-current Policies or Standards, or otherwise may be harmful or objectionable to YotHop, its Members, third parties, or property.
5.9 YotHop respects copyright law and expects its Members to do the same. If you believe that any content on the Platform infringes copyrights you own, please notify us.
6. Service Fees
6.1 YotHop may charge fees to Training Providers (“Provider Fees“) in consideration for the use of the YotHop Training Marketplace Platform. Provider fees are commision percentage agreed by the provider at the point of publishing a listing. Fees are calculated monthly and deducted from the Training Providers account balance.
6.2 YotHop reserves the right to change the Service Fees at any time, and we will provide Members adequate notice of any fee changes before they become effective.
6.3 You are responsible for paying any Service Fees that you owe to YotHop. The applicable Service Fees are due and payable and collected by YotHop. Except as otherwise provided on the Platform, Service Fees are non-refundable.
7. Terms specific for Training Providers
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the Platform you must (i) provide complete and accurate information about your Training Course (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency pre-requisites or fitness requirements) and (iii) provide any other pertinent information requested by YotHop. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
7.1.2 You are solely responsible for setting a price (including any Taxes if applicable) for your Listing (“Listing Fee”). Once a Student requests a booking of your Listing, you may not request that the Student pays a higher price than in the booking request.
7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these YotHop Terms or the cancellation policy.
7.1.4 Pictures, animations or videos (collectively, “Images“) used in your Listings must accurately reflect the course and your Services. YotHop reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.1.5 The placement and ranking of Listings in search results on the Platform may vary and depend on a variety of factors, such as Student search parameters and preferences, requirements, price and calendar availability, number and quality of Images, Reviews and Ratings, type of Service, and/or ease of booking.
7.1.6 When a booking request is accepted, you are entering into a legally binding agreement with the Student and are required to provide your Service(s) to the Student as described in your Listing when the booking request is made. You also agree to pay the applicable Commission Fee and any applicable Taxes, which will be collected.
7.1.7 YotHop recommends that Training Providers obtain appropriate insurance for their Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Students while staying at your Accommodation or participating in your Event or other Service.
7.2 Listing Accommodations
7.2.1 If you choose to require a security deposit for your Accommodation, you must specify this in your Listing (“Security Deposit“). YotHop is not responsible for administering or accepting any claims by Training Providers related to Security Deposits.
7.2.2 You represent and warrant that any Listing you post and the booking of, or a Student’s stay at, an Accommodation will (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Training Provider, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation.
7.3 Listing Events and other Services
8. Terms specific for Students
8.1 Terms applicable to all bookings
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by the YotHop, you can book a Listing available on the Platform by following the respective booking process. All applicable fees, including the Security Deposit (if applicable) and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your YotHop Account.
8.1.2 Upon receipt of a booking confirmation from YotHop, a legally binding agreement is formed between you and your Training Provider, subject to any additional terms and conditions of the Provider that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing.
8.2 Booking Accommodations
8.2.1 You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Training Provider to enter, occupy and use the Accommodation for the duration of your stay, during which time the Provider (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Provider.
8.2.2 You agree to leave the Accommodation no later than the checkout time that the Provider specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host’s consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Provider, for each twenty-four (24) hour period (or any portion thereof) that you Overstay.
8.3 Booking Events and other Services
9. Booking Modifications, Cancellations and Refunds, Resolution Center
9.1 Training Providers and Students are responsible for any modifications to a booking that they make via the Platform to make (“Booking Modifications“), and agree to pay any additional Listing Fees, Provider Fees or Stident Fees and/or Taxes associated with such Booking Modifications.
9.2 Students can cancel a confirmed booking at any time subject to the Listing’s cancellation policy, and YotHop Payments will provide any refund to the Student in accordance with such cancellation policy. Unless extenuating circumstances exist, any amounts due to the Training Provider under the applicable cancellation policy will be remitted to the Provider by YotHop Payments.
9.3 If a Training Provider cancels a confirmed booking, the Student will receive a full refund of the Total Fees for such booking and YotHop may publish an automated review on the Listing cancelled by the Provider indicating that a booking was cancelled. YotHop may impose a cancellation fee, unless the Provider has a valid reason for cancelling the booking or has legitimate concerns about the Student’s behaviour.
9.4 For Events and other Services, if inclement weather creates an unsafe or uncomfortable scenario for Students, Training Providers may modify or cancel a Service. If there is a substantial change in the itinerary or the Service needs to be cancelled, YotHop will work with the Training Provider to provide Students an alternative date for the Service, an appropriate refund or a rebooking.
9.5 In certain circumstances, YotHop may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. (i) where YotHop believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to YotHop, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.
9.6 If a Student suffers a Travel Issue pursuant to the Studentt Refund Policy, YotHop may determine, in its sole discretion, to refund the Student part or all of the Total Fees in accordance with the Student Refund Policy.
9.7 Contact YotHop directly regarding any refund questions, claims and isuues.
10. Ratings and Reviews
10.1 Within a certain timeframe after completing a booking, Students and Training Providers can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Any Ratings or Reviews reflect the opinion of individual Members and do not reflect the opinion of YotHop. Ratings and Reviews are not verified by YotHop for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Students and Training Providers must be fair, truthful and factual and may not contain any offensive or defamatory language. Ratings and Reviews must comply with YotHop’s Content Policy and Extortion Policy.
10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party write a positive or negative Review about another Member.
12. Rounding off, Currency conversion
12.1 YotHop may, in its sole discretion, round up or round down amounts that are payable from or to Students or Providers to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, euro or other supported currency); for example, YotHop will round up an amount of £101.50 to £102.00, and round down an amount of £101.49 to £101.00. For currencies that are denominated in large numbers, YotHop may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; for example, YotHop may round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 837,500 up to 838,000 and 837,499 down to 837,000.
12.2 The Platform facilitates bookings between Training Providers and Students who may prefer to pay in a currency different from their destination currency, which may require currency conversions to accommodate these differing currency preferences.
13.1 As a Training Provider you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes (“Taxes“).
13.2 Tax regulations may require us to collect appropriate Tax information from Training Providers, or to withhold Taxes from payouts to Providers, or both. If a Providers fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.
13.3 You understand that any appropriate governmental agency, department and/or authority (“Tax Authority“) where your Training School is located may require Taxes to be collected from Students or Training Providers on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Training Providers.
14. Prohibited Activities
14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the YotHop Platform. In connection with your use of the YotHop Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
- use the YotHop Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies YotHop endorsement, partnership or otherwise misleads others as to your affiliation with YotHop;
- use the YotHop’s Platform in connection with the distribution of unsolicited commercial messages (“spam”);
- offer, as a Training Provider, any Courses that you do not yourself run or have permission to make available as a course through the YotHop Platform;
- unless YotHop explicitly permits otherwise, book any Listing if you will not actually be using the Training Provider yourself;
- contact another Member for any purpose other than asking a question related to a your own booking, Listing, or the Member’s use of the Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
- use the YotHopPlatform to request, make or accept a booking independent of the YotHop Platform, to circumvent any Service Fees or for any other reason;
- request, accept or make any payment for Listing Fees outside of the YotHop Platform or YotHop Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold YotHop harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
- use, display, mirror or frame the YotHop Platform or Collective Content, or any individual element within the Platform, YotHop’s name, any YotHop trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the YotHop Platform, without YotHop’s express written consent;
- dilute, tarnish or otherwise harm the YotHop brand in any way, including through unauthorized use of Collective Content, registering and/or using YotHop or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to YotHop domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the YotHop Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by YotHop or any of YotHop’s providers or any other third party to protect the Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the YotHopPlatform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Platform;
- export, re-export, import, or transfer the Application except as authorized the export control laws of your jurisdiction, and any other applicable laws; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
14.2 You acknowledge that YotHop has no obligation to monitor the access to or use of the Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist YotHop in good faith, and to provide YotHop with such information and take such actions as may be reasonably requested by YotHop with respect to any investigation undertaken by YotHop or a representative of YotHop regarding the use or abuse of the Platform.
14.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to YotHop by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
15. Term and Termination, Suspension and other Measures
15.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or YotHop terminate the Agreement in accordance with this provision.
15.2 You may terminate this Agreement at any time via the by sending us an email requesting to cancel your account. If you cancel your YotHop Account as a Training Provider, any confirmed booking(s) will be automatically cancelled and your Students will receive a full refund. If you cancel your YotHop Account as a Student, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
15.3 Without limiting our rights specified below, YotHop may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
15.4 YotHop may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) YotHop believes in good faith that such action is reasonably necessary to protect the personal safety or property of YotHop, its Members, or third parties (for example in the case of fraudulent behaviour of a Member).
15.5 In addition, YotHop may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the YotHop Account registration, Listing process or thereafter, (iv) you and/or your Listings or Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or YotHop otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) YotHop believes in good faith that such action is reasonably necessary to protect the personal safety or property of YotHop, its Members, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
- cancel any pending or confirmed bookings;
- limit your access to or use of the YotHop Platform;
- temporarily or permanently revoke any special status associated with your YotHop Account; or
- temporarily or in case of severe or repeated offenses permanently suspend your YotHop Account.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by YotHop and an opportunity to resolve the issue to YotHop’s reasonable satisfaction.
15.6 If we take any of the measures described above (i) we may refund your Students in full for any and all confirmed bookings that have been cancelled, irrespective of pre-existing cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
15.7 When this Agreement has been terminated, you are not entitled to a restoration of your Account or any of your Member Content. If your access to or use of the Platform has been limited or your Account has been suspended or this Agreement has been terminated by us, you may not register a new YotHop Account or access and use the Platform through an YotHop Account of another Member.
15.8 Unless you reside in Germany, if you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
If you choose to use the YotHop Platform or Collective Content, you do so voluntarily and at your sole risk. The YotHop Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the YotHop Services, laws, rules, or regulations that may be applicable to your Listings and/or Services you are receiving and that you are not relying upon any statement of law or fact made by YotHop relating to a Listing.
If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
You agree that some Events or other Services may carry inherent risk, and by participating in those Services, you choose to assume those risks voluntarily. For example, some Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Services. You assume full responsibility for the choices you make before, during and after your participation in a Service. If you are bringing a minor as an additional Student, you are solely responsible for the supervision of that minor throughout the duration of your Service and to the maximum extent permitted by law, you agree to release and hold harmless YotHop from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Service or in any way related to your Service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
17.1 Unless you reside in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the YotHop Platform and Collective Content, your publishing or booking of any Listing via the YotHop Platform, your stay at any Accommodation, participation in any Event or use of any other Service or any other interaction you have with other Members whether in person or online remains with you. Neither YotHop nor any other party involved in creating, producing, or delivering the YotHop Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the YotHop Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the YotHop Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not YotHop has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Training Providers pursuant to these Terms or an approved payment request under the YotHop Training Provider Guarantee, in no event will YotHop’s aggregate liability arising out of or in connection with these Terms and your use of the YotHop Platform including, but not limited to, from your publishing or booking of any Listings via the YotHop Platform, or from the use of or inability to use the YotHop Platform or Collective Content and in connection with any Accommodation, Event or other Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the YotHop Platform as a Student in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Training Provider, the amounts paid by YotHop to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between YotHop and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect YotHop’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
17.2 If you reside in the EU, YotHop is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. YotHop is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of YotHop in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of YotHop is excluded.
You agree to release, defend (at YotHop’s option), indemnify, and hold YotHop and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the YotHop Platform or any YotHop Services, (iii) your interaction with any Member, stay at an Accommodation, participation in an Event or other Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) YotHop’s Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the YotHop Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of YotHop, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
20. General Provisions
20.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between YotHop and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between YotHop and you in relation to the access to and use of the YotHop Platform.
20.2 No joint venture, partnership, employment, or agency relationship exists between you and YotHop as a result of this Agreement or your use of the YotHop Platform.
20.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
20.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
20.5 YotHop’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
20.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without YotHop’s prior written consent. YotHop may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
20.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by YotHop via email, YotHop Platform notification, or messaging service (including SMS and WeChat). For notices made to Members residing outside of Germany, the date of receipt will be deemed the date on which YotHop transmits the notice.
20.8 If you reside in the EU you can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that YotHop is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.
20.9 If you have any questions about these Terms please email us.