This agreement applies as between you, theUser of this Web Site and Yoonessi, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditionsis deemed to occur upon your first use of the Web Site. If you do not agree tobe bound by these terms and conditions, you should stop using the Web Siteimmediately.
Definitions and Interpretation
In this Agreement the following terms shallhave the following meanings:
“Content” means any text, graphics, images, audio,video, software, data compilations and any other form of information capable ofbeing stored in a computer that appears on or forms part of this Web Site;
“Yoonessi” means Out OfThe Box Labs LTD trading as Yoonessiof Fernwood House Fernwood Road, Jesmond, NewcastleUpon Tyne, Tyne And Wear, NE2 1TJ, United Kingdom with Company Number 12690472;
“Service” means collectively any onlinefacilities, tools, services or information that Yoonessi makes availablethrough the Web Site either now or in the future;
“System” means any online communicationsinfrastructure that Yoonessi makes available through the Web Site either now or in thefuture. This includes, but is notlimited to, web-based email, message boards, live chat facilities and emaillinks;
“User” / “Users” means any thirdparty that accesses the Web Site and is not employed by Yoonessi and acting in thecourse of their employment; and
“Web Site” means the website that you arecurrently using (www.yoonessi.com).
Intellectual Property
All Content included on the Web Site,unless uploaded by Users, including, but not limited to, text, graphics, logos,icons, images, sound clips, video clips, data compilations, page layout,underlying code and software is the property of Yoonessi, our affiliates or other relevant third parties. By continuing touse the Web Site you acknowledge that such material is protected by applicableUnited Kingdom and International intellectual property and other relevant laws.
You may not reproduce, copy, distribute, store or in any otherfashion re-use material from the Web Site unless otherwise indicated on the WebSite or unless given express written permission to do so by Yoonessi.
Links to Other Web Sites
This Web Site may contain links to othersites. Unless expressly stated, these sites are not under the control of Yoonessi or thatof our affiliates. We assume noresponsibility for the content of such web sites and disclaim liability for anyand all forms of loss or damage arising out of the use of them. The inclusionof a link to another site on this Web Site does not imply any endorsement ofthe sites themselves or of those in control of them.
Links to this Web Site
Those wishing to place a link to this WebSite on other sites may do so only to the home page of the sitewww.yoonessi.com without prior permission.
Privacy
For the purposes of applicable dataprotection legislation, Yoonessi will process any personal data you have provided to it inaccordance Privacy Policy available on the Yoonessi website or onrequest from Yoonessi.
You agree that, if you have provided Yoonessi withpersonal data relating to a third party (1) you have in place all necessaryappropriate consents and notices to enable lawful transfer such personal datato Yoonessi and (2) that you have brought to the attention of any such thirdparty the Privacy Notice available on the Yoonessi’s website orotherwise provided a copy of it to the third party. You agree to indemnify Yoonessi inrelation to all and any liabilities, penalties, fines, awards or costs arisingfrom your non-compliance with these requirements.
Disclaimers
Yoonessi makes no warranty or representation that the Web Site will meet yourrequirements, that it will be of satisfactory quality, that it will be fit fora particular purpose, that it will not infringe the rights of third parties,that it will be compatible with all systems, that it will be secure and thatall information provided will be accurate. We make no guarantee of any specificresults from the use of our Service.
No part of this Web Site is intended toconstitute advice and the Content of this Web Site should not be relied uponwhen making any decisions or taking any action of any kind.
Availability of the Web Site
The Service is provided “as is” and on an“as available” basis. We give nowarranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law weprovide no warranties (express or implied) of fitness for a particular purpose,accuracy of information, compatibility and satisfactory quality.
Yoonessi accepts no liability for any disruption or non-availability of theWeb Site resulting from external causes including, but not limited to, ISPequipment failure, host equipment failure, communications network failure,power failure, natural events, acts of war or legal restrictions andcensorship.
Limitation of Liability
To the maximum extent permitted by law, Yoonessi acceptsno liability for any direct or indirect loss or damage, foreseeable orotherwise, including any indirect, consequential, special or exemplary damagesarising from the use of the Web Site or any information contained therein.Users should be aware that they use the Web Site and its Content at their ownrisk.
Nothing in these terms and conditionsexcludes or restricts Yoonessi’s liability for death or personal injury resulting from anynegligence or fraud on the part of Yoonessi.
Every effort has been made to ensure thatthese terms and conditions adhere strictly with the relevant provisions of theUnfair Contract Terms Act 1977. However,in the event that any of these terms are found to be unlawful, invalid orotherwise unenforceable, that term is to be deemed severed from these terms andconditions and shall not affect the validity and enforceability of theremaining terms and conditions. Thisterm shall apply only within jurisdictions where a particular term is illegal.
No Waiver
In the event that any party to these Termsand Conditions fails to exercise any right or remedy contained herein, thisshall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between theseTerms and Conditions and any prior versions thereof, the provisions of theseTerms and Conditions shall prevail unless it is expressly stated otherwise.
Law and Jurisdiction
These terms and conditions and the relationship between you and Yoonessi shall be governed by and construed inaccordance with the Law of England and Wales and Yoonessi and you agree tosubmit to the exclusive jurisdiction of the Courts of England and Wales.