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.

2. Privacy

Our privacy policy describes how you can use Yoyster and how we can collect and use your content.

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.

Information security

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;

so;

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

assets.

• 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

any legal obligation, or in order to enforce or apply our terms of use or supply of

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

reduction.

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

privacy policy.

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.

Changes to our Privacy Policy

Please note that our Privacy Policy may change from time to time. We will not reduce your rights

under this Privacy Policy without your explicit consent. We will post any Privacy Policy changes on

this page and, if the changes are significant, we will provide a more prominent notice (including, for

certain services, email notification of Privacy Policy changes).

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

and obligations:

 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

content;

 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:

 You will not send or otherwise post unauthorised commercial communications (such as spam)

on Yoyster;

 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

this agreement.

 You will not use our copyrights or trademarks, or any confusingly similar marks, without our

written permission.

6. Links

The Services may include hyperlinks to other websites that are not owned and/or controlled by

Yoyster.

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.

7. Cookies

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

this information. Google’s privacy policy is available at: http://www.google.com/privacypolicy.html.

Yahoo's privacy policy is available at:

https://policies.yahoo.com/us/en/yahoo/privacy/products/developer/index.htm.

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

as to the nature and extent of any such third party cookie policy.

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

party.

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

APPLICABLE LAW.

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

LIMITED.

11. Definitions

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

application).

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.

12. Other

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

understandings.

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

other rights.

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

changed Terms.

You will not transfer any of your rights or obligations under this agreement to anyone else without our

consent.

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

otherwise.