1. The agreement
This agreement is written in English (UK). To the extent any translated version of this agreement
conflicts with the English version, the English version shall prevail. This agreement shall be governed
by and construed in all respects in accordance with the laws of England and the parties agree to
submit to the exclusive jurisdiction of the English Courts in respect of the interpretation of, and any
disputes relating to, this agreement or any of its provisions.
Defined terms used in this agreement are set out at the end of this agreement.
Your use of the Services, this website and the mobile applications is subject at all times to the terms
and conditions set out in this agreement ("Terms"). You may not use the Services if you do not agree
with the Terms, nor if you are under the legal age or are otherwise incapable or unable to be legally
bound by the Terms.
Please read this agreement in full, and to use it to help make informed decisions.
Accessing and updating personal information
When you use Yoyster services, we make good faith efforts to provide you with access to your
personal information and either to correct this data if it is inaccurate or to delete such data at your
request if it is not otherwise required to be retained by law or for legitimate business purposes. We
ask individual users to identify themselves and the information requested to be accessed, corrected
and/or removed before processing such requests. We may decline to process requests at our
discretion; for example if, in our opinion, requests are unreasonably repetitive or systematic, require
disproportionate technical effort, could jeopardize the privacy of others, could simply be impractical, or
for which access is not otherwise required.
Sharing Your Content and Information
You acknowledge that you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer and mobile phone to prevent unauthorised
access to your account. You agree to accept responsibility for all activities that occur under your
account or password. You should take all necessary steps to ensure that the password is kept
confidential and secure and should inform us immediately if you have any reason to believe that your
password has become known to anyone else, or if the password is being, or is likely to be, used in an
unauthorised manner. You should not allow any third party to access your account.
We take reasonable security measures to protect against unauthorised access to or unauthorised
alteration, disclosure or destruction of data. These include internal reviews of our data collection,
storage and processing practices and security measures, including encryption and physical security
measures to guard against unauthorised access to systems where we store personal data.
We restrict access to personal information to Yoyster employees, contractors and agents who need to
know that information in order to process it on our behalf. These individuals are bound by
confidentiality obligations and may be subject to disciplinary measures, including termination of their
employment or engagement, as well as criminal prosecution, if they fail to meet these obligations.
How we use Content
Yoyster may use your Content in a variety of ways from time to time in performing the Services for
you including the following:
to carry out our obligations arising from any contracts entered into between you and us
for us or any such third party to provide you with information about other goods and
to provide you, or permit selected third parties to provide you, with information about
and/or a selected third party, and for us or any such third party to provide you with the
information, products and services that you request;
services offered that are similar or complementary to those that you have already
purchased or enquired about;
goods or services we feel may interest you. If you are an existing customer, we will only
contact you by electronic means (e-mail or SMS) with information about goods and
services similar or complementary to those which were the subject of a previous sale or
negotiations of a sale to you. If you are a new customer, and where we permit selected
third parties to use your data, we (or they) will contact you by electronic means only if you
have consented to this. If you do not want us to use your data in this way, or to pass your
details on to third parties for marketing purposes, please tick the relevant box situated on
the form on which we collect your data (the registration form);
to notify you about changes to our service;
to administer our site and for internal operations, including troubleshooting, data analysis,
to improve our site to ensure that content is presented in the most effective manner for
to allow you to participate in interactive features of our service, when you choose to do
as part of our efforts to keep our site safe and secure;
to measure or understand the effectiveness of advertising we serve to you and others,
to make suggestions and recommendations to you and other users of our site about
testing, research, statistical and survey purposes;
you and for your computer;
and to deliver relevant advertising to you;
goods or services that may interest you or them.
We may combine information received from other sources with information you give to us and
information that we collect about you. We may use this information and the combined information for
the purposes set out above (depending upon the types of information we receive).
How and when we may disclose your Content
We may share your personal information with any member of our group, which means our
subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK
Companies Act 2006.
We may share your information with selected third parties including:
• business partners, suppliers and sub-contractors for the performance of any contract
we or you enter into with them;
• advertisers and advertising networks that require the data to select and serve
relevant adverts to you and others. We do not disclose information about identifiable
individuals to our advertisers, but we may provide them with aggregate information
about our users (for example, we may inform them that 500 men aged under 30 have
clicked on their advertisement on any given day). We may also use such aggregate
information to help advertisers reach the kind of audience they want to target (for
example, women in SW1). We may make use of the personal data we have collected
from you to enable us to comply with our advertisers' wishes by displaying their
advertisement to that target audience;
• analytics and search engine providers that assist us in the improvement and
optimisation of our site;
• credit reference agencies for the purpose of assessing your credit score where this is
a condition of us or a selected third party entering into a contract with you.
We may disclose your personal information to third parties:
• in the event that we sell or buy any business or assets, in which case we may
disclose your personal data to the prospective seller or buyer of such business or
• if Yoyster or substantially all of its assets is acquired by a third party, in which case
personal data held by it about its customers will be one of the transferred assets.
• If we are under a duty to disclose or share your personal data in order to comply with
services with you and other agreements; or to protect the rights, property, or safety of
Yoyster, our customers, or others. This includes exchanging information with other
companies and organisations for the purposes of fraud protection and credit risk
Where we store your personal data
The data that we collect from you may be transferred to, and stored at, a destination outside the
European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who
work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the
fulfilment of your order, the processing of your payment details and the provision of support services.
By submitting your personal data, you agree to this transfer, storing or processing. We will take all
steps reasonably necessary to ensure that your data is treated securely and in accordance with this
Unfortunately, the transmission of information via the internet is not completely secure. Although we
will do our best to protect your personal data, we cannot guarantee the security of your data
transmitted to our site; any transmission is at your own risk. Once we have received your information,
we will use strict procedures and security features to try to prevent unauthorised access.
this page and, if the changes are significant, we will provide a more prominent notice (including, for
3. Content and IP
You do not transfer to us your rights of ownership in any of the Content you upload to the Yoyster
website via the Yoyster application; and you can control how it is shared with your contact/s through
your personal account on the Yoyster website.
All Content that is uploaded, however, is uploaded subject to, and on the basis of, the following rights
You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide and
perpetual licence in any IP that is contained in or associated with any Content that you upload
to and/or post on or in connection with Yoyster or our website ("IP Licence");
We may use such licensed IP in any reasonable manner in connection with the operation,
marketing and/or promotion of the Yoyster business and the services to be supplied to
Yoyster users and customers from time to time, including without limitation to reproduce,
distribute, create derivative works from, and/or display, disclose, and perform any or all such
Our rights under the IP Licence will end when you terminate your account with Yoyster,
without prejudice to those rights which arose prior to this time;
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a
computer. However, you understand that removed content may persist in backup copies for a
reasonable period of time, but will not be available to others unless so requested by law, as
this may be used as evidence in a court of law.
4. Representations and Warranties
We always use our best endeavours to keep Yoyster operating as we state in this agreement, but we
cannot guarantee it. Your help in this process is vital, and this includes the following commitments,
which we rely upon as representations and warranties in agreeing to enter into this agreement with
You will not send or otherwise post unauthorised commercial communications (such as spam)
You will not collect other users' content or information, or otherwise access Yoyster, including
by way of using automated means (such as harvesting bots, robots, spiders, or scrapers);
You will not transmit any data, send or upload any material that contains viruses, Trojan
horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful
programs or similar computer code designed to adversely affect the operation of any
computer software or hardware;
You will not solicit login information or access an account belonging to someone else;
You will not bully, intimidate, or harass any user;
You will not post content that: is hateful, threatening, or pornographic; incites violence; or
contains nudity or graphic or gratuitous violence;
You will not use Yoyster to do anything unlawful, misleading, malicious, or discriminatory, or
which is breach of any code or regulation;
You will not do anything that could disable, overburden, or impair the proper working of
Yoyster, such as a denial of service attack;
You will not facilitate or encourage any violations of this agreement.
If anyone brings a claim against us related to your actions, Content or other information on Yoyster,
you hereby agree to indemnify and hold us harmless fully and effectively now and in the future from
and against all damages, losses, claims, costs, liabilities and expenses of any kind (including
reasonable legal fees and costs) related to such claim.
5. Restrictions on use of the Services
Yoyster users provide their real names and information, with our intentions to keep the same secure
as described in this agreement, and we need your help to keep it that way. Here are some
undertakings and commitments you make to us relating to registering and maintaining the security of
your account, and upon which we are relying as representations in entering into this agreement:
You will not provide any false personal information on Yoyster, or create an account for
anyone other than yourself without permission;
You will not create more than one personal profile;
If we disable your account, you will not create another one without our permission;
You will not use your personal profile for your own commercial gain;
You will keep your third party contact information and Content accurate and up-to- date;
You will not share your password, let anyone else access your account, or do anything else
that might jeopardize the security of your account;
You will not transfer your account to anyone.
Protecting other peoples' rights
We respect other peoples' rights, and expect you to do the same.
You will not upload content or take any action on Yoyster that infringes or violates someone
else's rights or otherwise violates the law.
We can remove any content or information you post on Yoyster if we believe that it violates
You will not use our copyrights or trademarks, or any confusingly similar marks, without our
The Services may include hyperlinks to other websites that are not owned and/or controlled by
You acknowledge and accept that Yoyster has no control over, and assumes no responsibility for, the
availability, content, policies or practices of any such websites.
The use of such websites may well be subject to terms, conditions and policies and you must satisfy
yourself as to the nature and extent of any such provisions in deciding whether to use the websites.
What is a cookie? It’s a file which has within it an identifier (i.e. a combination of letters and numbers)
that a web server sends to a browser to be stored by that browser. This assists the server in more
quickly identifying the browser – as each time that this browser requests a page from the server it
sends this identifier back to the server. We may use both "session" cookies and "persistent" cookies
on the website. Session cookies will be deleted from your computer when you close your browser.
Persistent cookies will remain stored on your computer until deleted, or until they reach a specified
expiry date. We will use the session cookies to: keep track of you whilst you navigate the website;
keep track of items in your shopping basket; prevent fraud and increase website security; and other
uses. We will use the persistent cookies to: enable our website to recognise you when you visit; keep
track of your preferences in relation to your use of our website; and other uses.
We use both Google Analytics and Flurry Analytics (a Yahoo product) to analyse the use of this
website, including by access from mobile applications. Google and Flurry generate statistical and
other information about website use by means of cookies, which are stored on users' computers. The
information generated relating to our website is used to create reports about the use of the website.
Depending upon how this website is accessed by you, either Google or Yahoo respectively will store
Most browsers allow you to reject all cookies, whilst some browsers allow you to reject just third party
cookies. Your use of third party websites accessed via ourselves will expose you to that website’s use
of cookies, in part enabling us to receive a fee for your use of that website. You should satisfy yourself
8. Terminating this agreement
Either you or Yoyster may terminate this agreement on 30 days' notice (by email) if the other party is
in breach of a material obligation on its part and does not fix that breach within 30 days of being
asked to do by the first party.
In any event, either party may terminate this agreement on 30 days' notice (by email) to the other
Please note: simply removing the Yoyster application from your smartphone does not of itself
terminate this agreement, which shall only be effective where undertaken in accordance with these
terms and conditions.
9. Limitations and Exclusions
Please read these Terms with particular care, as they describe certain exclusions and limitations on
liability that may arise during the provision of the Services.
WE TRY TO KEEP YOYSTER UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN
RISK. WE ARE PROVIDING YOYSTER "AS IS" WITHOUT ANY EXPRESS OR IMPLIED
WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS. WE DO NOT GUARANTEE THAT
YOYSTER WILL BE SAFE OR SECURE.
YOYSTER IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF
THIRD PARTIES, AND YOU HEREBY RELEASE AND INDEMNIFY AND AGREE TO KEEP
INDEMNIFIED NOW AND IN THE FUTURE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND
AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS, LOSS OF OPPORTUNITY, LOSS
OF DATA, OR FOR ANY LOSS OF ECONOMIC USE, NOT FOR ANY CONSEQUENTIAL, SPECIAL,
INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR YOYSTER WILL NOT
EXCEED THE GREATER OF ONE HUNDRED POUNDS (£100) OR THE AMOUNT YOU HAVE
PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES,
YOYSTER'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY
NOTWITHSTANDING THE ABOVE TERMS, NOTHING IN THIS AGREEMENT SHALL OR IS
INTENDED TO EXCLUDE OR LIMIT OUR LIABILITY TO YOU FOR DEATH, PERSONAL INJURY
OR FOR ANY OTHER LIABILITY FOR LOSS WHICH CANNOT BE LAWFULLY EXCLUDED OR
By "Yoyster" we mean the features and services we make available, including through our mobile
application, website at www.yoyster.com and any other Yoyster branded or co-branded websites
(including sub-domains, international versions, widgets, and mobile versions); or networks now
existing or later developed.
By "Content" we mean any content and/or information that you post on Yoyster, including without
limitation any content and/or information concerning you and your actions.
By "data" we mean content and information that third parties can retrieve from Yoyster or provide to
Yoyster through the website platform.
By "post" we mean post on Yoyster or otherwise make available to us (such as by using an
By "Contact" we mean the third party contact details given to us by you when registering for use of
Yoyster as may be amended or updated from time to time.
By "Details" we mean those details given to us by you, and which you are aware may be disclosed in
accordance with the Terms.
By "use" we mean use, copy, publicly perform or display, distribute, modify and translate.
By "application" we mean any application or website that uses or accesses the Platform, as well as
anything else that receives or has received data from us. If you no longer access the Platform but
have not deleted all data from us, the term application will apply until you delete the data.
By "Services" we mean the Yoyster services as set out on our website from time to time
By "IP" we mean any and all intellectual property rights contained in or associated with the Content,
including without limitation, copyright, design right, trade names and trademarks, patent (and any
applications for the same), confidentiality, know-how, and in each case where so capable, whether
registered or unregistered.
By "Terms" we mean the terms and conditions of this agreement.
These Terms and the terms and conditions and policies referred to herein comprise the entire
agreement between you and Yoyster, and supersedes any prior agreements, arrangements or
You acknowledge and accept that you have not been induced to enter into this agreement in reliance
upon any representation, warranty, statement, agreement or undertaking whatsoever, made by us or
in respect of Yoyster, save where the same are expressly set out in this agreement.
If any portion of this agreement is found to be unenforceable, the remaining portion will remain in full
force and effect.
If we fail to enforce any rights under this agreement, it will not be considered a waiver of those or any
We can change these Terms if we provide you notice and an opportunity to comment. Your use of the
services from the moment of change of the Terms will be taken by us as acceptance of those
You will not transfer any of your rights or obligations under this agreement to anyone else without our
All of our rights and obligations under this agreement are freely assignable by us in connection with a
merger, acquisition, or sale of assets, or by operation of law or otherwise.
No person who is not a party to this agreement may enforce its terms or be entitled to the benefit of
this agreement, whether pursuant to the UK Contract (Rights of Third Parties) Act, at common law, or