This document sets out the terms on which Healthwiser Limited trading as yovada.com provides you('Partner / Event Organiser') with commercial access and use of yovada.com ('Website'). You acknowledge that by using the website (wholly or partly) in any way, you agree to be bound by these terms. If you do not accept these terms, you will not be able to use the website and/or place your events on the website available for purchase ('Events')
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HEADS OF TERMS
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1. Yovada will create, edit and manage event listings for Event Organisers on yovada.com
2. Yovada will provide referrals and/or bookings from website users to these Event Organisers
3. Our online booking fee is 10% for Teacher Training / 15% for Retreats
4. Fees will be charged directly to the customer upon booking through our website. The Event Organiser charges the balance depending on their own booking conditions
5. Yovada provides a 14 day period for free cancellation and full refund of the booking fee to it’s website users( if the booking is made 90 days prior to the event starting through Yovada's payment gateway) during which the booking can be cancelled.If such is made then the booking is cancelled and Yovada and the website user owes the Event Organiser no monines.
6. Yovada will invoice the Event Organiser 10% or 15% of the event cost to the website user once the website user pays the Event Organiser in full if an enquiry or reservation originating from Yovada completes a direct booking for an event with the Event Organiser.
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1. INFORMATION ABOUT YOVADA.COM, THE WEBSITE
1.1 The Website is owned and managed by Healthwiser Limited, a company registered in Hong Kong with the company registration number 2158737
1.2 Yovada provides users with the facility to view, browse and make purchase of Events from the event organisers using the Website. You understand and agree that Yovada does not participate in any part of the sale and purchase transaction between the event organiser and the user. Yovada acts as a venue to allow users who comply with Yovada's policies to offer, sell, and book events. Yovada is not directly involved in the transaction between Event Organisers and users. Consequently, you further acknowledge and agree that any booking contracts for the events shall be strictly between you the event organiser and the user.
1.3 Yovada shall be entitled at its own discretion to suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any such suspension or unavailability of the Website.
1.4 Yovada reserves the right to make any changes to the Website including any functionalities and content therein or to discontinue any aspect of the events or features of the Website therefore without notice.These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone. By accessing and using our website or any of our applications through whatever platform (hereafter collectively referred to as the "website") and/or by registering as a partner, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).
2.COMMERCIAL TERMS
By registering as a partner you acknowledge that you are an event organiser and agree to our commercial terms. Yovada will provide you customer enquiries, reservations and bookings in the following ways.
2.1 Enquiries
Yovada provides a platform where a user of our website can contact you with questions and enquiries about the events you have listed on our website.These enquiries are forwarded through our website to the email you supplied on registration or updated at a later time. Yovada may respond to these enquiries on your behalf or choose to leave you to respond to these enquiries.You will receive emails from the User and from Yovada if we choose to respond on your behalf.At any time you can view these conversations at our website.Regardless of who responds and holds a digital conversation with the user, if an enquiry that originated from Yovada concludes in a booking by the user on one of your events then Yovada will charge you a 10% or 15% commission of the total cost to the user of their booking on your event.The User can make this booking through yovada.com where we will charge the 10% or 15% commission via our payment gateway or directly with you where we will invoice you for the 10% or 15% commission after the User has paid the event booking cost to you in full.The invoice is issued once you confirm receiving payment in full and is payable within seven days.
2.2 Reservations
Yovada provides a platform where a user of our website can make a reservation to be a participant on an event you have listed on our website.These reservations are forwarded through our website to the email you supplied on registration or updated at a later time. Yovada may respond to these reservations on your behalf or choose to leave you to respond to these reservations.You will receive emails from the User via Yovada and from Yovada if we choose to respond on your behalf.At any time you can view these conversations at our website.Regardless of who responds and holds a digital conversation with the user, if a reservation that originated from Yovada concludes in a booking by the user on one of your events(listed on our website) then Yovada will charge a 10% or 15% commission of the total cost to the user of their booking on your event.The User can make this booking through yovada.com where we will charge the 10% or 15% commission via our payment gateway or directly with you where we will invoice you for the 10% or 15% commission after the User has paid the event booking cost in full.The invoice is issued once you confirm receiving payment in full and is payable within seven days.
2.3 Bookings
Yovada provides a platform where a user of our website can make a confirmed booking to be a participant on an event you have listed on our website.The user does this by paying a deposit directly to Yovada through our payment gateway.It is your choice if the user can make direct bookings or not.These bookings are forwarded through our website to the email you supplied on registration or updated at a later time.If a user makes a booking on our website for an event that you have listed then we charge 10% or 15% of the total associated cost.This 10% or 15% represents a deposit for the user’s booking with you and our commission for supplying the booking to you.You then charge the user the balance directly according to your booking terms.
2.4 Cancellation
We offer the user a 14 day free cancellation and refund of this deposit IF the booking is made at least 90 days before the start of the event.This cancellation term is separate to your booking and cancellation terms.We will display your terms on the booking pages and booking email to the User and after the initial booking is made it is your responsibility to make arrangements with the User to fulfil your booking terms.
If you cancel an event or a participant cancels their attendance at an event it is your responsibility to inform yovada of such immediately.If you do cancel an event it is your responsibility to refund all monies paid to you and Yovada by a participant who originated from Yovada.
2.5 Accommodation types
As part of the details of an event a user can browse, enquire, reserve or book an accommodation type associated with an event.These accommodation types are presented separately as a choice and the description and associated media that are displayed have been provided by you.It is your responsibility to make sure that you describe the accommodation types correctly and apply the correct surcharge amounts for the accommodation types at different times of year inclusive of all taxes and local charges by using our extranet.If an accommodation type becomes fully booked it is your responsibility to update our extranet to be correct and current.If you do not update our extranet and we subsequently receive a booking then it is your responsibility to work with us and the customer to provide an alternative solution that is satisfactory and of equal comfort, situation and value.
3.Partner Responsibilities
If you register as a partner and agree to our terms and conditions then Yovada agrees to publish your appropriate event listings in our database and make them appear in our search results based on the event criteria you have provided.
It is your responsibility to
3.1 supply correct details and associated media about your events through our extranet and via email with our customer services
3.2 keep this information up to date and current through our extranet
3.3 delete an event immediately when it is cancelled
3.4 update an accommodation type as fully booked when it becomes so
3.5 generally keep all event details current and correct and representative of the event through the use of our extranet
3.6 answer all end user questions within 24 hours via our platform if Yovada does not answer the question for you
3.7 communicate with customers within 24 hours following reservations and bookings on one of your events to supply them with the relevant further information about the event, the booking and the terms so that the end user may contract with you in the appropriate way
3.8 inform Yovada where a user enquiry or reservation that originated from Yovada concludes in a booking which is then applicable to a booking fee of 10% or 15%.
3.9 inform Yovada immediately if an event is cancelled or a participant cancels their attendance on an event
4.GENERAL OBLIGATIONS
4.1 You agree that you are solely responsible and liable for all your activities and content on the Website
4.2 You shall promptly notify Yovada in the event there is a breach of security or any unauthorised use of your Login Details.
4.3 You agree that as a Partner with access to make submissions on the Website, you shall not submit to appear on the Website, any review, comment, link or other material whatsoever ('User Submissions') that may reasonably be deemed to be offensive, illegal, inappropriate or in any way:
4.3.1 promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
4.3.2 harass or advocate harassment of another person;
4.3.3 display pornographic or sexually explicit material;
4.3.4 promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
4.3.5 promote any illegal activities;
4.3.6 provide instructional information about illegal activities, including violating someone else's privacy or providing or creating computer viruses;
4.3.7 promote or contain information that you know or believe to be inaccurate, false or misleading;
4.3.8 engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of Yovada; or
4.3.9 infringe any rights of any third party.
4.4 You acknowledge that making an event Submission does not guarantee that such event Submission, or any part thereof, shall appear on the Website, but agree that Yovada may, at its sole discretion, choose to display any Submission or any part of a Submission that you make on the Website and hereby grant to Yovada a non-exclusive, perpetual, irrevocable, worldwide licence to do so.
4.5 You warrant and represent that you own or are licensed to use any and all the intellectual property rights in any event Submissions that you make to the Website.
4.6 You hereby grant to Yovada a non-exclusive, irrevocable licence to make your Event Submissions available to the Users of the website and other users of the Website and to edit your Event Submissions in the event that Yovada deems it necessary or desirable to do so for any reason.
4.7 You further agree that at all times, you shall:
4.7.1 not use your Login Details with the intent of impersonating another person;
4.7.2 not allow any other person to use your Login Details;
4.7.3 not use the information presented on the Website for any purposes other than those expressly set out in these Terms;
4.7.4 not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Website or in respect of the network;
4.7.5 not use the Website, the content therein and/or do anything that will infringe any intellectual property right or other rights of any third parties;
4.7.6 not use any information obtained using the Website otherwise than in accordance with these Terms;
4.7.7 comply with all instructions and policies from Yovada from time to time in respect of the Website;
4.7.8 co-operate with any reasonable security or other checks or requests for information made by Yovada from time to time; and
4.7.9 use the information made available to you on the Website at your own risk.
4.8 In the event that Yovada, in its sole and absolute discretion, considers that you have breached any of the terms set out in this document, Yovada shall reserve the right to take any action that it deems to be necessary, including without limitation, the termination forthwith and without notice, your use of and access to the Website; and in the case of illegal use, the instigation of legal proceedings as appropriate.
4.9 Without prejudice to any of Yovada's other rights and remedies, Yovada reserves the right, in its sole and absolute discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of these terms.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 Healthwiser Limited, Yovada and its licensors own all rights in the intellectual property rights relating to the Website.
5.2 You are expressly prohibited from
5.2.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website including without limitation, any images in any format of the Products and submissions in the form of articles and write-ups made available on the Website; and
5.2.2 removing, modifying, altering or using any registered or unregistered marks/logos/design owned by Yovada and/or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Yovada or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to Yovada.
6. PRIVACY POLICY
6.1 Yovada enforces a strict privacy policy which is available on our website
7. GENERAL
7.1 If Yovada fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled to under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.
7.2 A waiver by Yovada of any default shall not constitute a waiver of any subsequent default
7.3 No waiver by Yovada of any of the Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
7.4 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
7.5 These Terms represent the entire agreement between you and Yovada in respect of your use of the Website and shall supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
7.6 You acknowledge that in entering into these Terms, you have not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Website, the Internet or in negotiation between us except as expressly set out in these Terms.
7.7 To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Hong Kong law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Hong Kong.
7.8 Yovada reserves the right to modify these Terms at any time. Any changes we may make to this Terms of Use document in the future will be notified and made available to you using the Website.
8. Disclaimer
To the extent permitted by law, Healthwiser Limited and Yovada and any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall NOT be liable for
(i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim,
(ii) any inaccuracy relating to the (descriptive) information (including prices, availability and ratings) of an event or venue as made available on our website,
(iii) the services rendered or the products offered,
(iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or
(v) for any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, nonperformance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to you the event organiser (its employees, directors, officers, agents, representatives or affiliated companies),or the venue (its employees, directors, officers, agents, representatives or affiliated companies)including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
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